Woodward -v- Minister for Fisheries [2000] NSWADT 143

CITATION: Woodward -v- Minister for Fisheries [2000] NSWADT 143 DIVISION: General Division APPLICANT David James Woodward PARTIES: RESPONDENT Minister for Fisheries FILE NUMBER: 003123 HEARING DATES: 5 September 2000 SUBMISSIONS CLOSED: 09/12/2000 DATE OF DECISION: 10/13/2000

BEFORE: Smith MB - Judicial Member APPLICATION: Fisheries Management Act - fishing licence- endorsement on licence - Fishing licence - endorsement on licence MATTER FOR DECISION: Principal matter LEGISLATION CITED : Fisheries Management Act 1994 Finance Facilities Pty Ltd v Federal Commissioner of Taxation (1970) 127 CLR 106 Commissioner of State Revenue (Victoria) v Royal Insurance Australia Ltd (1995) 182 CLR 51 Mercer v ANZ Banking Group Ltd (2000) 48 NSWLR 740 Comptroller-General of Customs v ACI Pet Operations Pty Ltd (1994) 49 FCR 56 CASES CITED: Puglisi v Director, NSW Fisheries [2000] NSWADT 105 Thornton v Minister for Fisheries [2000] NSWADT 31 Bourke and Others v Commissioner of Police [1998] NSWADT 1 Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60 Hospital Benefit Fund of Western Australia Inc v Minister for Health, Housing and Community Services (1992) 39 FCR 225 Wilson v Minister for Aboriginal and Torres Strait Islander Affairs (1996) 189 CLR 1 REPRESENTATION: T Bates, barrister C Cory, solicitor ORDERS: 1. The decision of the Minister refusing to issue the applicant with an endorsement with respect to the Estuary General Restricted Fishery - Hand Gathering is set aside; 2. In substitution, it is decided that the matter is referred to a review panel for further consideration taking into account the Tribunal's reasons for decision