Perder Investments Pty Ltd v Lightowler

Re: PERDER INVESTMENTS PTY LTD
And: MARK ANDREW LIGHTOWLER
No. G1 of 1990
FED No. 376
Administrative Law
25 FCR 150
101 ALR 151

COURT

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION
Spender J.(1)

CATCHWORDS

Administrative Law - Judicial Review - refusal to transfer fishing boat licence - principles as to the application of a policy in the exercise of a discretion - validity of directions to delegates pursuant to s. 38 (4) Torres Strait Fisheries Act 1984.

Torres Strait Fisheries Act 1984 ss. 8, 19, 25, 30, 31, 34, 36, 38.

HEARING

BRISBANE

#DATE 16:7:1990

Counsel for the applicant: Mr. K. Copley Q.C. and Mr D. O'Gorman

Solicitors for the applicant: Hemming and Hart T/A for Bothems Davies Nash

Counsel for the respondent: Mr. P. Dutney

Solicitors for the respondent: Australian Government Solicitor

ORDER

The decision by the respondent to refuse the transfer from Colin Richard Dwyer and Joy Olive Dwyer to Perder Investments Pty Ltd of Torres Strait Fishing Boat Licence No. H00609B be set aside.

The application for transfer of Torres Strait Fishing Boat Licence No. H00609B to Perder Investments Pty Ltd be remitted to the Protected Zone Joint Authority to be determined according to law.

The respondent should pay the applicant's costs, to be taxed if not agreed.

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

JUDGE1

This is an amended application for an order of review in respect of a decision by Mark Andrew Lightowler, a licensing officer of the Queensland Fish Management Authority, to refuse to transfer Torres Strait Fishing Boat Licence No. HOO609B, issued under the Torres Strait Fisheries Act 1984 ("the Act") from Colin Richard Dwyer and Joy Olive Dwyer to Perder Investments Pty Ltd.

1. The applicant is the purchaser of a fishing vessel "Dhikarr" and associated licences, including the Torres Strait Fishing Boat Licence No. HOO609B, from Colin Richard Dwyer and Joy Olive Dwyer. The licence is necessary to permit the trawler to operate in the waters to which the Act applies. The agreement to purchase is dated 21 April 1989. The purchase price was $320,000.00, and was apportioned as to the vessel $233,000.00 and as to licences $87,000.00. The licences the subject of the agreement included a Queensland Commercial Fishing Vessel Licence No. VO4178E together with all current endorsements thereon; Commonwealth Fishing Boat Licence (endorsed N.P.F. and 117) No. B457466; and the Torres Strait Fishing Boat Licence at the centre of this application. The purchase agreement was subject to and conditional upon the approval by the appropriate authorities, on or before the date of settlement, of the transfer from the vendor to the purchaser of the above three licences. Settlement was effected, however, on 6 July 1989. Thus it appears that that condition (contained in cl. 11 of the agreement) was waived.

2. The Torres Strait Fishing Boat Licence No. HOO609B was valid from 14 April 1989 to 2 December 1989. It was issued by Mr. Lightowler, the…