Minister for Environment, Water, Heritage and the Arts v Fullport Pty Ltd [2010] FCA 185

FEDERAL COURT OF AUSTRALIA

Minister for Environment, Water, Heritage and the Arts v Fullport Pty Ltd [2010] FCA 185 Citation: Minister for Environment, Water, Heritage and the Arts v Fullport Pty Ltd [2010] FCA 185

Parties: MINISTER FOR ENVIRONMENT, WATER, HERITAGE AND THE ARTS v FULLPORT PTY LTD

File number(s): NSD 1427 of 2009

Judge: EMMETT J

Date of judgment: 5 February 2010

Catchwords: STATUTES – failure to comply with the Fuel Standard Automotive Diesel Determination 2001

Legislation: Fuel Quality Standards Act 2000 (Cth) ss 12, 21, 65

Date of hearing: 5 February 2010

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 7

Counsel for the Applicant: J Smith

Solicitor for the Applicant: Australian Government Solicitor

Counsel for the Respondent: There was no appearance by the respondent

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION NSD 1427 of 2009

BETWEEN: MINISTER FOR ENVIRONMENT, WATER, HERITAGE AND THE ARTS

Applicant

AND: FULLPORT PTY LTD

Respondent

JUDGE: EMMETT J

DATE OF ORDER: 5 FEBRUARY 2010

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Pursuant to s 65 of the Fuel Quality Standards Act 2000 (Cth), the Respondent is restrained for a period of 2 years from supplying or selling by itself, its servants or agents diesel that has any or all of the following qualities: (a) sulphur content greater than 10 mg/kg as determined by ASTM D5453; (b) distillation temperature at which 95% of diesel has been recovered not above 360º C as determined by ASTM D86. 2. The parties have liberty to apply on 24 hours' notice. 3. The Respondent pay the Applicant's costs of these proceedings as agreed or taxed. THE COURT NOTES THAT: 4. The failure to comply with these orders may render the Respondent liable to imprisonment or to sequestration of property.