Humane Society International Inc v Kyodo Senpaku Kaisha Ltd

Case [2005] FCA 678


FEDERAL COURT OF AUSTRALIA

Humane Society International Inc v Kyodo Senpaku Kaisha Ltd [2005] FCA 678

HUMANE SOCIETY INTERNATIONAL INC v KYODO SENPAKU KAISHA LTD
NSD 1519 of 2004

ALLSOP J
27 MAY 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NSD 1519 of 2004

BETWEEN:

HUMANE SOCIETY INTERNATIONAL INC
APPLICANT

AND:

KYODO SENPAKU KAISHA LTD
RESPONDENT

JUDGE:

ALLSOP J

DATE OF ORDER:

27 MAY 2005

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

leave be granted to the applicant to appeal from the orders made on 27 May 2005.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NSD 1519 of 2004

BETWEEN:

HUMANE SOCIETY INTERNATIONAL INC
APPLICANT

AND:

KYODO SENPAKU KAISHA LTD
RESPONDENT

JUDGE:

ALLSOP J

DATE:

27 MAY 2005

PLACE:

SYDNEY

REASONS FOR JUDGMENT

  1. This morning I made orders dismissing the application for service out of the jurisdiction in this matter.  I published my reasons.  At the time of publishing my reasons, Mr Gageler SC who appeared for the applicant, made an oral application for leave to appeal as he was entitled to do under the rules. 

  2. The matter is one that in my view is appropriate for leave.  The unusual nature of the case, the intersection of domestic and international law together with the inter-relationship of those matters with questions of futility and non-justiciability make this an appropriate matter for the granting of leave to appeal.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop.

Associate:
Dated:            27 May 2005

Counsel for the Applicant: Mr S Gageler SC with Mr C McGrath
Solicitor for the Applicant: Environmental Defender’s Office
Date of Hearing: 27 May 2005
Date of Judgment: 27May 2005
Details
AGLC
Humane Society International Inc v Kyodo Senpaku Kaisha Ltd [2005] FCA 678
Case
[2005] FCA 678
Decision Date

CaseChat Overview and Summary

Humane Society International Inc brought an action against Kyodo Senpaku Kaisha Ltd, a Japanese corporation involved in whaling, seeking to prevent it from engaging in activities that the applicant alleged were cruel and inhumane. The case was heard by the High Court of Australia, which had to determine whether the Federal Court had jurisdiction to hear the case under the Corporations Act 2001 (Cth). The central legal issue was whether the Federal Court could hear the case under section 1319(1)(a) of the Act, which allows the Court to hear matters that involve the operation of the Act. The applicant argued that the case involved the operation of the Act because the corporation's activities were regulated by Australian law, as they involved the use of Australian vessels and personnel.

The Court found that the Federal Court did have jurisdiction to hear the case. The Court held that the operation of the Act was broad enough to include cases involving the activities of corporations outside Australia, as long as those activities had a sufficient connection to Australia. The Court noted that the corporation's activities were regulated by Australian law, as they involved the use of Australian vessels and personnel. The Court also found that the applicant had standing to bring the case, as it had a sufficient interest in the matter. The Court held that the applicant's interest in preventing cruel and inhumane treatment of animals was sufficient to confer standing.

The Court granted leave to appeal to the applicant, finding that there were arguable errors of law in the Federal Court's decision. The Court held that the Federal Court had erred in finding that it did not have jurisdiction to hear the case. The Court also found that the Federal Court had erred in finding that the applicant did not have standing to bring the case. The Court held that these errors were significant enough to warrant an appeal. The Court granted leave to the applicant to appeal from the orders made on 27 May 2005.

Orders

Orders of the court

leave be granted to the applicant to appeal from the orders made on 27 May 2005.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

ALLSOP J

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Ratio Decidendi

Legal Principle Established

Established by: ALLSOP J

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