EDWARDS & DEEP SEA ARK (AUST) PTY LTD v OLSEN, TRUMBLE, MCCOLL, KIRKEGAARD, STEVENS & THE STATE OF SOUTH AUSTRALIA
MURPHY v STEVENS & THE STATE OF SOUTH AUSTRALIA
[2003] SASC 238Full Court: Mullighan, Williams and Besanko JJ
MULLIGHAN J
Background
The claims
The hearing of the appeal
The Owner/Operator Policy
The 1917 Act
The 1971 Act
The state of the abalone fishery
Mr Chatterton
The respondent OlsenTrumble
McColl
Kirkegaard
Stevens
The Case Stated
Admissions in Case Stated
Unrepresented party - role of the trial judge
Alleged Bias
Complaints of bias by the Edwards appellantsThe Law
Delay
Alleged errors in the reasons for judgment
Conclusions about the respondent directors
Expert witnesses
The Verrier/Jefferson Issue
Judicial Intervention
The respondent Trumble
The respondent McColl
The respondent Olsen
The respondent Kirkegaard
The respondent Stevens
Other witnessesThe appellant Edwards
Dr Shepherd
The Case Stated affidavits
The Owner/Operator policy
Further observations about the reasons for judgment
The respondent’s opening
Observations of the learned Trial Judge as to lawyersConclusion
Complaints of bias by the appellant Murphy
The substantive appeals
Disallowing questions in cross-examination
Decisions of the Full Court
Refusal to allow evidence in rebuttal
The appellant Edwards
The appellant Murphy
The claims of the appellants Edwards and Deep Sea Ark
The appellant Murphy’s claim
The defences
The lawMisfeasance in Public Office
The claim in negligenceFindings as to credit
The appellant Edwards
The appellant MurphyThe respondent directors
Expert witnesses
Summary of the case of the appellant Edwards
Summary of the case of the appellant Murphy
The reasons for the appellants leaving the industryThe appellant Edwards
The appellant MurphyEmployee divers
The Trust Arrangements
Corporations and Partnerships
The appellant Edwards and Western Australian Abalone
Mr Edwards’ claim regarding his application for a prawn authority
The Claim of the appellant Edwards regarding tuna fishing
The appellant Murphy’s claims
General observation as to the appellant Murphy’s appealConclusion
The appellants Edwards and Deep Sea Ark (Aust) Pty Ltd (“Deep Sea Ark”) (“the Edwards appellants”) brought an action against the respondents claiming damages for misfeasance on the part of the personal respondents in the discharge of their duties as public officers whilst serving successively as the Director of Fisheries or, alternatively, damages for negligence (“the Edwards proceedings”). The respondent Olsen was the Chief Inspector of Fisheries for five years from 1967 under the Fisheries Act 1917 (“the 1971 Act”) and was appointed Director of Fisheries after that office was established by the Fisheries Act 1971 (“the 1971 Act”) and later acted in that office. The other personal respondents in turn succeeded him as Director of Fisheries or in the case of the respondents Trumble and Kirkegaard as Acting Director of Fisheries. I shall refer to them collectively as “the respondent directors”. The Edwards appellants claim that each of the respondent directors made decisions about, or affecting, them in the context of the fishing industry which were wrong and were made in misfeasance of public office. They presented an…
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- AGLC
- Murphy v Stevens [2003] SASC 238
- Case
- [2003] SASC 238
- Decision Date
CaseChat Overview and Summary
The Full Court of the Supreme Court of Victoria dismissed the appeals, finding that the appellants had no valid claims against the respondents. The court held that the officers were acting in accordance with their duties and had not breached any duty of care or acted dishonestly. The Full Court emphasized that the promulgation of invalid regulations and administrative policies, without more, does not entitle members of the public to claim damages against public servants. The court further found that the appellants' claims were time-barred or subject to the doctrine of laches, making them invalid. As a result, the appeals were dismissed, and no liability was found on any of the appellants' claims.
The court's final orders were to dismiss both appeals, with the Full Court affirming the dismissal of the appellants' claims against the respondents. The court concluded that there was no basis to hold any of the respondents liable for misfeasance in public office or negligence, and the appellants' claims were either time-barred or subject to the doctrine of laches. The Full Court's decision highlights the importance of seeking judicial review or declarations of invalidity when dissatisfied with official responses, rather than relying on imprecise allegations to claim damages later.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: BESANKO J
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