Puglisi v Administrative Decisions Tribunal of New South Wales Appeal Panel [2001] NSWCA 298

Puglisi v Administrative Decisions Tribunal of New South Wales Appeal Panel [2001] NSWCA 298

The appellants could not invoke clause 214C(2)(c)(iii) because their inability to satisfy the eligibility criteria arose from commercial decisions, not incapacity in the sense required by the Regulation; 'unable' in this context means an actual incapacity, not a practical or commercial preference, and the review panel was correct to exclude commercial reasons from consideration.

Parties
Appellants: Mario Puglisi, Guissepe Puglisi, Grazia Puglisi, Bobby Puglisi, Augustino Puglisi, Claudio Puglisi; First Respondent: Administrative Decisions Tribunal of New South Wales Appeal Panel; Second Respondent: Minister for Fisheries
Jurisdiction
Australia
Judgment Date
12 September 2001
Procedural Posture
Appeal / Final Judgment in Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Statutory Interpretation, Licensing—fisheries, Construction of Legislation, Eligibility Criteria—restricted Fishery, Certiorari for Error of Law
Administrative Law Judicial Review Statutory Interpretation Licensing—fisheries Construction of Legislation Eligibility Criteria—restricted Fishery Certiorari for Error of Law

Case Brief

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Parties

Mario Puglisi, Guissepe Puglisi, Grazia Puglisi, Bobby Puglisi, Augustino Puglisi, Claudio Puglisi

Appellants

Administrative Decisions Tribunal of New South Wales Appeal Panel

First Respondent

Minister for Fisheries

Second Respondent

Procedural Posture

Appeal / Final Judgment in Court of Appeal

Legal Issues

  1. 1 Whether the Appeal Panel of the Administrative Decisions Tribunal erred in law in interpreting clause 214C(2)(c)(iii) of the Fisheries Management (General) Regulation 1995 (NSW) regarding eligibility for a northern zone endorsement in a restricted fishery.
  2. 2 Whether commercial and economic reasons amount to being 'unable' to satisfy the eligibility criteria within the meaning of the Regulation.

Ratio Decidendi

The appellants could not invoke clause 214C(2)(c)(iii) because their inability to satisfy the eligibility criteria arose from commercial decisions, not incapacity in the sense required by the Regulation; 'unable' in this context means an actual incapacity, not a practical or commercial preference, and the review panel was correct to exclude commercial reasons from consideration.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The appellants to pay the costs of the second respondent.