Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CSL Australia Pty Ltd v Minister for Infrastructure and Transport (No 3) [2012] FCA 1261 Citation: CSL Australia Pty Ltd v Minister for Infrastructure and Transport (No 3) [2012] FCA 1261
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: 16 November 2012
Catchwords: ADMINISTRATIVE LAW – temporary shipping licences issued under Coastal Trading (Revitalising Australian Shipping) Act 2012 (Cth) – judicial review of decision to issue varied temporary licence – decision by delegate of the Minister – scope of considerations where power vested in the Minister – whether failure to take into account relevant considerations – whether taking into account irrelevant considerations – procedural fairness – content of procedural fairness in the context of the Act – whether failure to give an opportunity to consider and make submissions – whether failure to disclose material – irrationality or illogicality – whether delegate misconstrued objects of the Act STATUTORY INTERPRETATION – objects of Act – objects as an aid to interpretation – where objects are conflicting ADMINISTRATIVE LAW – discretion to grant relief – whether relief futile – whether conduct disentitled applicant to any relief – whether applicant had any legal interest in challenging a decision – whether merits review should have been sought in the Administrative Appeals Tribunal
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 10(2)(b)(ii), 13 Coastal Trading (Revitalising Australian Shipping) Act 2012 (Cth) ss 3, 5, 7, 13, 30, 31, 32, 33, 34, 37, 50, 51, 52, 53, 54, 55, 56, 57, 77, 83, 107 Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional Provisions) Act 2012 (Cth) Sch 2, Part 3, cl 16 Judiciary Act 1903 (Cth) s 39B
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