Elliott v Minister administering Fisheries Management Act 1994 [2018] NSWCA 123

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Elliott v Minister administering Fisheries Management Act 1994 [2018] NSWCA 123 Hearing dates: 19, 20 April, 2018 Decision date: 08 June 2018 Before: Beazley P at [1]; Basten JA at [2]; Payne JA at [103] Decision: (1) To the extent necessary, grant the appellant leave to appeal from the judgment in the Common Law Division of 16 February 2018.

(2) Dismiss the appeal.

(3) Order that the appellant pay the first, second and third respondents' costs in this Court, to be assessed on the basis that the respondents had common representation. Catchwords: ADMINISTRATIVE LAW – regulations – validity of delegated legislation – whether Fisheries Management Legislation Amendment (Quota Shares) Regulation 2017 and Fisheries Management Legislation Amendment (Quota Management) Regulation 2017 authorised by Fisheries Management Act 1994 (NSW)

ADMINISTRATIVE LAW – judicial review – validity of statutory instruments – whether Fisheries Management (Allocation Formula for Issuing Quota Shares) Notice 2017 and Fisheries Management (Issue of Quota Shares) Instrument 2017 authorised by parent Act and regulations – whether effect of instruments arbitrary or capricious

ADMINISTRATIVE LAW – judicial review – appellant challenged Government-run Subsidised Share Trading Market as unauthorised and invalid – whether appellant raised valid grounds of review

STATUTORY INTERPRETATION – principle of legality – where statutory instruments curtailed privilege previously enjoyed by appellant – whether "clear statement principle" warranted reading down regulation-making power conferred by parent Act