CSL Australia Pty Ltd v Minister for Infrastructure and Transport [2014] FCA 1160

FEDERAL COURT OF AUSTRALIA

CSL Australia Pty Ltd v Minister for Infrastructure and Transport [2014] FCA 1160 Citation: CSL Australia Pty Ltd v Minister for Infrastructure and Transport [2014] FCA 1160

Parties: CSL AUSTRALIA PTY LTD v MINISTER FOR INFRASTRUCTURE AND TRANSPORT and BRAEMAR SEASCOPE PTY LTD

File number: NSD 1585 of 2013

Judge: RARES J

Date of judgment: 3 November 2014

Catchwords: ADMIRALTY – Coastal Trading (Revitalising Australian Shipping) Act 2012 (Cth) prescribed mandatory status for person making application for a temporary licence where applicant for licence not an owner, charterer, master or agent of a vessel or a shipper – where applications for licence and subsequent variations specified fictitious voyages that the licence would authorise – where applicant for licence intended to and did apply later for licence variations to amend fictitious voyages to actual voyages – where applications for licence variation varied number and substantive nature of voyages – whether use of licence circumvented purpose of general licence provisions or object of the Act – whether variation of number and substantive nature of voyages fell within matters "authorised by a temporary licence" in s 43 of Act or rather required variation under s 51 of Act for matters "not already authorised by the licence" ADMINISTRATIVE LAW – STATUTORY CONSTRUCTION – declarations – whether licence of applicant for temporary licence's status under s 28(1) of Coastal Trading (Revitalising Australian Shipping) Act 2012 (Cth) a jurisdictional fact – whether temporary licence held by person who did not have status to apply for it invalid for jurisdictional error Held: temporary licence and variations invalid for jurisdictional error – second respondent circumvented purpose of general licence provisions or object of the Act