Huon Aquaculture Group Limited v Secretary, Department of Primary Industries, Parks, Water and Environment (No 2) [2018] FCA 89

FEDERAL COURT OF AUSTRALIA

Huon Aquaculture Group Limited v Secretary, Department of Primary Industries, Parks, Water and Environment (No 2) [2018] FCA 89 File number: TAD 4 of 2017

Judge: KERR J

Date of judgment: 9 February 2018

Catchwords: PRACTICE AND PROCEDURE - interlocutory application by first and second respondents that they cease to be parties – where originating application initially sought relief against those respondents – pleadings amended – orders no longer sought against them – first and second respondents no longer necessary and proper parties as matter pleaded – orders that the first and second respondents cease to be parties made subject to the possibility that the applicants' reply might require reconsideration of that conclusion

Legislation: Environment Protection and Biodiversity Conservation Act 1999 (Cth), ss 69, 77 Federal Court Rules 2011 (Cth), r 9.08 Finfish Farming Environment Regulation Act 2017 (Tas)

Cases cited: BJ McAdam Pty Ltd v Jax Tyres Pty Ltd (No 4) [2013] FCA 643 John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd [2010] HCA 19; (2010) 241 CLR 1 News Limited & Ors v Australian Rugby Football League Limited & Ors [1996] FCA 870; (1996) 64 FCR 410 Pegang Mining Company Ltd v Choong Sam [1969] 2 MLJ 52 Prentice v Cummins [2002] FCA 1140; (2002) 194 ALR 94 Prentice v Cummins [2002] FCA 1165 Secretary, Department of Primary Industries, Parks, Water and Environment v Tasmanian Aboriginal Centre Inc [2016] FCAFC 129; (2016) 244 FCR 21 Wily (as Trustee of the Bankrupt Estate of Fuller) v Fuller [2000] FCA 1512