10 Jul 2008
MINISTER OF FISHERIES AND ORS V PRANFIELD HOLDINGS LIMITED CA CA48/07
- Citation
- openlaw-68a73ede_f5b2_4bc3_bcc8_28f5a73267a7.pdf
- Court
- Court of Appeal
s63(4) conferred a discretion rather than a statutory right to permits; the appropriate remedy for unlawful exercise of that discretion is judicial review not a private law claim for breach of statutory duty; the declaration in Goodship CA did not convert a public law remedy into a private law right enforceable in damages; misfeasance was not made out (no subjective knowledge or wilful disregard of illegality); United's tort claims are barred by ss329 and 308 of the Fisheries Act 1996; s27(1) was not engaged so exemplary/public law damages were not available.