A Raptis & Son (Regd) v South Australia [1977] HCA 36

High Court of Australia Barwick C.J. Gibbs, Stephen, Mason, Jacobs and Murphy JJ. A Raptis & Son (Regd) v South Australia [1977] HCA 36

ORDER Declare that the plaintiff was, between the dates mentioned in par. 4 of the amended statement of claim, and in the circumstances mentioned in that paragraph, entitled to fish for and take prawns in and from the waters particularly described in the said paragraph. Remit the action to the Supreme Court of South Australia so that the Court may proceed to hear and determine the plaintiff's claim for damages. Order that the defendant pay the plaintiff's costs of and incidental to the proceedings in this Court.

Cur. adv. vult.

The following written judgments were delivered:—

1977, June 27 Barwick C.J.

The plaintiff claims that the seizure by the defendant State of prawns obtained by it in Investigator Strait, more than three miles from either of its shores, and outside a line drawn from Troubridge Point to Cape Jervis, was unlawful. It held from the Commonwealth a licence under the Fisheries Act 1952 Cth as amended, to take prawns from an area which included the place in Investigator Strait from which the seized prawns were taken, but it did not hold a licence under the Fisheries Act, 1971-1975 S.A., which purported to operate in, amongst other areas, the whole area of Investigator Strait. The plaintiff also seeks a declaration that, having the licence of the Commonwealth in that behalf, it is entitled to take prawns as well in all the waters of the Gulf of St Vincent, Spencer Gulf and Backstairs Passage.

The principal question between the parties, and in respect of which the Commonwealth and certain States intervened in the litigation, was, broadly speaking, whether the boundaries of the former colony, now the State of South Australia, include all the waters of Investigator Strait, as well as those of the two gulfs or whether the respective closing lines of the two gulfs formed the relevant part of that boundary of the State.