Smith v. Minister for Fisheries [2003] NSWADT 84

CITATION: Smith v. Minister for Fisheries [2003] NSWADT 84 DIVISION: General Division APPLICANT PARTIES: Peter Smith RESPONDENT Minister for Fisheries FILE NUMBER: 023205 HEARING DATES: 17/01/2003 SUBMISSIONS CLOSED: 01/24/2003 DATE OF DECISION: 04/24/2003

BEFORE: Montgomery S - Judicial Member APPLICATION: Charter boat fishing licence - grant of licence - Fisheries Management Act - charter boat fishing licence - grant of licence MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 Fisheries Management (General) Amendment (Miscellaneous Provisions) Regulation 2001 LEGISLATION CITED : Fisheries Management (General) Regulation 1995 Fisheries Management (General) Regulation 2002 Fisheries Management Act 1994 Perder Investments Pty Ltd v Lightowler (1990) 25 FCR 150 Re Drake and Minister for Immigration and Ethnic Affairs (No. 2) (1979) 2 ALD 634 Murphyores Incorporated Ltd. v. The Commonwealth (1976) 136 CLR 1 Drake v. Minister for Immigration and Ethnic Affairs (1979) 2 CASES CITED: ALD 60; 24 ALR 577 Surinakova v Minister For Immigration, Local Government And Ethnic Affairs (1991) 33 FCR 87 Jones v Dunkel (1959) 101 CLR 298 Citibank Limited v Federal Commissioner of Taxation (1988) 88 ATC 4714 Mohammed Dahlan v Minister for Immigration, Local Government and Ethnic Affairs (unreported, Hill J, 12 December 1989) APPLICANT REPRESENTATION: R Horsley, barrister RESPONDENT J Klarica, barrister ORDERS: The decision by the Minister for Fisheries to grant a non-transferable charter fishing boat licence to Mr. Peter Smith is set aside. The matter is remitted for the Minister's reconsideration.