Dolphin Dive Centre Fremantle Pty Ltd v Australian Maritime Safety Authority [2014] FCA 1444

FEDERAL COURT OF AUSTRALIA

Dolphin Dive Centre Fremantle Pty Ltd v Australian Maritime Safety Authority [2014] FCA 1444 Citation: Dolphin Dive Centre Fremantle Pty Ltd v Australian Maritime Safety Authority [2014] FCA 1444

Parties: DOLPHIN DIVE CENTRE FREMANTLE PTY LTD (ACN 146 403 698) v AUSTRALIAN MARITIME SAFETY AUTHORITY

File number: WAD 388 of 2014

Judge: MCKERRACHER J

Date of judgment: 24 December 2014

Date of hearing: 24 December 2014

Place: Perth

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 10

Counsel for the Applicant: Ms KA Vernon

Solicitor for the Applicant: Darren Jones Barrister & Solicitor

Counsel for the Respondent: Mr P Macliver

Solicitor for the Respondent: Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 388 of 2014

BETWEEN: DOLPHIN DIVE CENTRE FREMANTLE PTY LTD

(ACN 146 403 698)

Applicant

AND: AUSTRALIAN MARITIME SAFETY AUTHORITY

Respondent

JUDGE: MCKERRACHER J DATE OF ORDER: 24 DECEMBER 2014 WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. Paragraph 1 of the Urgent Application before start of proceeding filed on 19 December 2014 be amended in terms of the Minute of Proposed Amended Urgent application before start of proceeding annexed hereto and marked "A". 2. Upon the Applicant's undertaking as to damages and undertaking that further log book records will record the latitude and longitude of the most westerly location of any voyage, the operation of the following decisions be stayed until further order: a. the decision of the Respondent made on 13 November 2014 to suspend the Applicant's Certificate of Operation COO1209-1; and b. the decision of the Respondent made on 3 December 2014 requiring the Applicant to Show Cause why the Applicant's Certificate of Operation COO1209-1 should not be revoked, (Decisions). 3. Upon the undertaking of the Applicant as to damages, all or any proceedings under the Decisions, save and except for the internal review of the suspension decision, be stayed until further order. 4. Without limitation as to other means of service, service of this order is dispensed with and instead service of this Order on the Respondent is permitted by forwarding by facsimile an original or copy of the Order to the Respondent at (02) 6279 5017. 5. Liberty to apply on 48 hours notice to discharge, vary or extend the operation of this Order. 6. The costs of and incidental to this application be reserved. 7. The substantive application be filed by 29 December 2014 and be listed for hearing on 10 and 11 February 2015 (Hearing Date). 8. The Applicant is to file any further materials, except submissions, 14 days prior to the Hearing Date. 9. The Respondent is to file any further materials, except submissions, 7 days prior to the Hearing Date. 10. The Applicant and Respondent are to otherwise confer on filing submissions. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.