Puglisi, Joseph v Australian Fisheries Management Authority

[1996] FCA 381

LIMITED DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY )    No. NG 48 of 1996               GENERAL DIVISION                 )

BETWEEN:          JOSEPH PUGLISI
  Applicant

AND:              AUSTRALIAN FISHERIES
  MANAGEMENT AUTHORITY
  Respondent

CORAM:       TAMBERLIN J
PLACE:       SYDNEY
DATED:       15 MAY 1996

REASONS FOR JUDGMENT

TAMBERLIN J:

In this matter, the respondent seeks to file and rely on an affidavit of Barry Charles Kaufman giving expert evidence in relation to the question of economic efficiency.  This is a live issue in the case.  The matter was foreshadowed on the last occasion and the affidavit was handed to the court and the applicant was put on notice as to its terms.  There is one month to go before the hearing of this matter.  I am informed by counsel for the respondent that it is intended to mount an argument on the basis of this evidence concerning the question of economic efficiency.  Although it is a question of statutory construction, to some extent, it is necessary to look at the matrix and understanding in the industry as to the meaning of economic efficiency.

Accordingly, I propose to allow this affidavit to be filed and suject to objections to be read. 

I am informed by counsel for the applicant that there has been some difficulty in obtaining an expert to deal with this evidence but given the time that the material has been made known and the time to expire before the next hearing I think that there is an ample opportunity to deal with this evidence and I propose to allow it in.

Every effort will be made on the part of the court to ensure that this matter is completed in the time available on the next occasion.  It may be that I can make an extra day available in that week.  It is not quite certain at the present time but if we have to sit extended hours I am prepared to do so in order to complete the case.  Every effort will be made in that respect.

I reserve any question of costs relating to the late filing of the affidavit so that matter can be addressed after the case has been heard and judgment given. 

The parties can, to a large extent in my view, mould the way the case is run in order to use the time most efficiently so far as cross-examination is concerned and I will be most anxious to ensure that undue time is not taken in extensive cross-examination with a view to finishing the matter on an urgent basis. 

I certify that this and
the preceding two (2)
pages are a true copy of the
Reasons for Judgment herein of
his Honour Justice Tamberlin.

Associate:

Date:  15 May 1996  

Counsel for Applicant:           Mr R Harper  

Solicitor for Applicant:              A P Sparke & Broad

Counsel for Respondent:          Mr P Roberts  

Solicitor for Respondent:        Australian Government Solicitor

Date of Hearing:               15 May 1996  

Date Judgment Delivered:              15 May 1996