Kraft v Australian Maritime Safety Authority [2019] FCA 2099

Kraft v Australian Maritime Safety Authority [2019] FCA 2099

Leave to amend the originating application for judicial review is refused due to unexplained delay and lack of utility in the proposed declarations, and because any application for renewal of certificates is deemed refused by operation of Marine Order 1 provisions; accordingly, the interlocutory application is dismissed.

Parties
First Applicant: Daniel Kraft; Second Applicant: Stephen Hewitt; First Respondent: Australian Maritime Safety Authority; Second Respondent: Navigation Act 2012, Inspector No. 126115
Jurisdiction
Australia
Judgment Date
13 December 2019
Procedural Posture
Interlocutory Application for Judicial Review Amendment / Interlocutory Application Decision
Outcome
interlocutory application dismissed
Legal Topics
Declaration of Invalidity, Mandamus, Extension of Time, Utility of Declaratory Relief, Practice and Procedure
Administrative Law Admiralty and Maritime Declaration of Invalidity Mandamus Extension of Time Utility of Declaratory Relief Practice and Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Daniel Kraft

First Applicant

Stephen Hewitt

Second Applicant

Australian Maritime Safety Authority

First Respondent

Navigation Act 2012, Inspector No. 126115

Second Respondent

Procedural Posture

Interlocutory Application for Judicial Review Amendment / Interlocutory Application Decision

Legal Issues

  1. 1 Whether leave should be granted to amend an originating application for judicial review to seek declaration of invalidity of pollution certificates and order in nature of mandamus
  2. 2 Whether there is acceptable explanation for delay in seeking to challenge the pollution certificates issued for one month
  3. 3 Whether the declaration sought has utility

Ratio Decidendi

Leave to amend the originating application for judicial review is refused due to unexplained delay and lack of utility in the proposed declarations, and because any application for renewal of certificates is deemed refused by operation of Marine Order 1 provisions; accordingly, the interlocutory application is dismissed.

Court Disposition

interlocutory application dismissed

Orders

  • The interlocutory application filed on 5 November 2018 be dismissed.
  • The applicants pay the first respondent's costs of the interlocutory application.