Searl -v- Director General, NSW Fisheries [2000] NSWADT 53

CITATION: Searl -v- Director General, NSW Fisheries [2000] NSWADT 53 DIVISION: General Division APPLICANT Grahame Searl PARTIES: RESPONDENT Director General, NSW Fisheries FILE NUMBER: 993158 HEARING DATES: 13/10/99, 30/11/99, 22/12/99 SUBMISSIONS CLOSED: 12/22/1999 DATE OF DECISION: 05/11/2000

BEFORE: Skinner PM - Judicial Member APPLICATION: Fisheries Management Act - fishing licence - transfer of endorsement on licence - Fishing licence - transfer of endorsement on licence MATTER FOR DECISION: 1. Motion by respondent submitting lack of jurisdiction. 2. Principal matter. LEGISLATION CITED : Fisheries Management Act 1994 Ex parte Berry: Re Kessel (1936) 36 SR (NSW) 485 Jack -v- Smail (1905) 2 CLR 684 CASES CITED: Doyle -v- Commissioner of Police [1999] NSWADT 84 Kioa -v- West & Anor (1985) 159 CLR 550 Haoucher -v- Minister for Immigration (1990) 169 CLR 648 APPLICANT D S Inverarity, barrister REPRESENTATION: RESPONDENT J D Bingham, solicitor (13/10/99) J Crespo, barrister (30/11/99 & 22/12/99) ORDERS: 1. Orders 2 and 3 sought by the Respondent in its Notice of Motion dated 22 September 1999 are refused and the motion is dismissed.; 2. The decision under review is affirmed.; 3. No award as to costs.

REASONS FOR DECISION Application 1 This is an application by Mr Searl for review by this Tribunal of a decision by the respondent which the applicant characterises in his Application for Review filed with the Tribunal on 15 July 1999 as: 'The refusal by NSW Fisheries to permit the transfer of the endorsement to fish in the Ocean Fish Trawl Restricted Fishery- Southern Zone attached to fishing business number: 876'.