Pacific Century Production Pty Ltd v Watson [2001] FCA 1424

Pacific Century Production Pty Ltd v Watson [2001] FCA 1424

The appeal fails because (1) the statutory test of 'likely' for making a quarantine order under s 35 of the Quarantine Act 1908 (Cth) requires only a real and not remote chance, which was met on the evidence; (2) the appellant was afforded adequate procedural fairness in the circumstances, given the opportunity...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
12 October 2001
Procedural Posture
Appeal / Post Trial Judgment
Outcome
appeal dismissed
Legal Topics
['judicial Review' 'procedural Fairness' "interpretation of 'likely' in Statutory Context" 'quarantine Powers']
['administrative Law'] ['judicial Review' 'procedural Fairness' "interpretation of 'likely' in Statutory Context" 'quarantine Powers']

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Procedural Posture

Appeal / Post Trial Judgment

Legal Issues

  1. 1 ['Whether procedural fairness was afforded to the appellant before the making of a quarantine order under s 35 of the Quarantine Act 1908 (Cth)' "Proper statutory construction of 'likely' in s 35 of the Quarantine Act 1908 (Cth)" 'Whether there was evidence or probative material to found the decision to make the order into quarantine']

Ratio Decidendi

The appeal fails because (1) the statutory test of 'likely' for making a quarantine order under s 35 of the Quarantine Act 1908 (Cth) requires only a real and not remote chance, which was met on the evidence; (2) the appellant was afforded adequate procedural fairness in the circumstances, given the opportunity after initial orders to put forward relevant facts and submissions, all of which were considered by the decision-maker; and (3) there was relevant and logical material to support the decision to order the goods into quarantine.

Court Disposition

appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondent's costs."]