Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sahring v Commonwealth of Australia [2014] FCA 246 Citation: Sahring v Commonwealth of Australia [2014] FCA 246
Parties: SAHRING, GUNTAR DAHLAN, MUSTAFA, HAJI MAPPIARE, HAJI HAMITTU and FICKHAR v COMMONWEALTH OF AUSTRALIA and AUSTRALIAN FISHERIES MANAGEMENT AUTHORITY
File number: NTD 9 of 2011
Judge: MANSFIELD J
Date of judgment: 1 April 2014
Corrigendum: 11 June 2014
Catchwords: FISHERIES – forfeiture and destruction of Indonesian fishing vessel – whether Fisheries Management Act 1991 extended beyond Australian Fishing Zone in circumstances – whether s 100 FMA contravened by fishing for sedentary species – whether seizing officer had reasonable grounds to believe that s 100 contravened – whether in circumstances boat lawfully seized and destroyed – master and crew brought to Australia and detained under FMA and then Migration Act 1958 – whether in circumstances false imprisonment – consideration of damages
Legislation: Fisheries Management Act 1991 (Cth) Migration Act 1958 (Cth) Criminal Code (Cth) Seas and Submerged Lands Act 1973 United Nations Convention on the Law of the Sea Legislative Instruments Act 2003 (Cth) Migration Act 1958 (Cth)
Cases cited: Muslimin v The Queen (2010) 240 CLR 470 Tran v Commonwealth (2010) 187 FCR 54 Olbers Co Ltd v Commonwealth (2004) 143 FCR 449 Olbers Co Ltd Commonwealth (2004) 136 FCR 67 Commonwealth v Fernando (2012) 200 FCR 1 Fernando v Commonwealth (No 5) [2013] FCA 901
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