Leiah Pty Ltd v State of Tasmania

Leiah Pty Ltd (the applicant) sought leave to appeal against a decision of the Supreme Court of Tasmania that had dismissed its appeal against an order for the forfeiture of a fishing vessel. The State of Tasmania was the respondent. The dispute concerned whether Leiah Pty Ltd, as the registered owner of the vessel, had the right to dispute its forfeiture, notwithstanding that the vessel had been used for unlawful fishing by persons who were lessees or bailees of the vessel.

The central legal issue before the Full Court of the Supreme Court of Tasmania was whether the applicant, as the registered owner of the vessel, possessed the standing to dispute the forfeiture of the vessel under the relevant provisions of the *Living Marine Resources Management Act 1995* (Tas). This required the court to consider the effect of convictions of persons using the vessel for unlawful fishing on the rights of the registered owner to challenge forfeiture proceedings.

The Full Court held that the *Living Marine Resources Management Act 1995* provided a specific mechanism for disputing forfeiture, which was not limited to the person in possession of the vessel at the time of the offence. The court found that the applicant, as the registered owner, had a sufficient interest to challenge the forfeiture. However, the court also determined that the applicant had failed to establish grounds for leave to amend its notice of appeal, and consequently, the appeal itself was dismissed. The court's reasoning focused on the interpretation of the statutory provisions governing forfeiture and the rights of owners in such circumstances.