Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CSL Australia Pty Ltd v Minister for Infrastructure and Transport [2012] FCA 1110 Citation: CSL Australia Pty Ltd v Minister for Infrastructure and Transport [2012] FCA 1110
Parties: CSL AUSTRALIA PTY LTD ACN 080 378 614 v MINISTER FOR INFRASTRUCTURE AND TRANSPORT and RIO TINTO SHIPPING PTY LIMITED ACN 007 261 430
File number: NSD 1543 of 2012
Judge: ROBERTSON J
Date of judgment: 12 October 2012
Catchwords: ADMIRALTY – interlocutory injunction – imminent voyage – applicant sought order restraining the second respondent from performing voyages the subject of the application under review – whether applicant had shown likelihood of success to justify in the circumstances the preservation of the status quo pending trial ADMINISTRATIVE LAW – interlocutory application – judicial review of decision under the Coastal Trading (Revitalising Australian Shipping) Act 2012 (Cth) – variation of temporary licence in relation to a number of voyages – whether failure to take into account a mandatory consideration – whether failure to take into account the object of the Act – whether taking into account an irrelevant consideration – whether denial of procedural fairness – whether decision severable in fact or in law
Legislation: Administrative Decisions (Judicial Review) Act 1977 ss 5, 8 and 11 Coastal Trading (Revitalising Australian Shipping) Act 2012 (Cth) ss 5, 28, 30, 31, 32, 33, 34, 37, 50, 51, 53, 57 and 107 Judiciary Act 1903 (Cth) s 39B
Cases cited: Castlemaine Tooheys Limited v South Australia (1986) 161 CLR 148 referred to Kalymnian Shipping Pte Ltd v Rose (2000) 61 ALD 668 referred to
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