Minister of Fisheries and The Chief Executive of the Ministry of Fisheries v Antons Trawling Limited, Esperance Fishing Co Limited and Orneagan Developments Limited - SC 84/2007
Summary
Summary Civil – appeal from a Court of Appeal decision which granted interim relief to the Respondents against a decision, of the Minister of Fisheries, to reduce the Total Allowable Catch/Total Allowable Commercial Catch for an Orange Roughy fish stock – Applicant claims that the Court of Appeal erred in law, by failing to follow the test in Carlton & United Breweries v Minister of Customs [1986] 1 NZLR 423 when determining the scope of the remedy under s 8 Judicature Amendment Act 1972 and the approach to be adopted – Applicant also claims that the Court of Appeal erred by granting interim relief in the absence of evidence, and by determining that any level of likely monetary loss was sufficient to meet the test of necessity. Application made for urgent hearing, given the practical consequences of the decision for the Orange Roughy population and the potentially wide-ranging effects of the decision on appeal. [2007] NZCA 512 CA 101/07 19 November 2007
Result
Application for leave to appeal dismissed. Costs $2,500 to the respondents jointly. 6 December 2007
Related Documents
Leave judgment - leave dismissed — MINISTER OF FISHERIES And Anor v ANTONS TRAWLING COMPANY LIMITED And Anor SC 84/2007 [6 December 2007]
Additional Information
ANTONS TRAWLING LIMITED AND ANOR V MINISTER OF FISHERIES AND ANOR CA CA575/07