Event and Time
Event Description
- This case involves an appeal regarding the validity of leases granted to MAPA Pearls Pty Ltd (‘MAPA’) by the Crown for pearl culturing purposes off Gabo Island and Tullaberga Island in Eastern Victoria.
- The leases were registered under the Transfer of Land Act 1958 on specific dates in 2018 and 2019.
- The commercial fishers (the Licensee parties) who were operating in those waters previously were not notified about the leases and were subsequently informed that they could no longer fish in the Lease areas.
Application and Claims
- The Licensee parties initiated a judicial review proceeding contending that the Leases were invalid.
- They argued that the leases interfered with their existing rights under access licences and/or quota units provided under the Fisheries Act 1995.
- MAPA contended that the leases were validly granted following the appropriate legislative procedures.
Judicial Decisions
- In the initial trial, the judge ruled in favor of the Licensee parties, stating that MAPA's conduct constituted equitable fraud and that in personam rights were enforceable despite the indefeasibility principle under the Transfer of Land Act.
- The judge declared the leases void and ordered them to be quashed and removed from the Register.
Dispute Points and Legal Basis
Dispute Points
- Licensee Parties' Claims:
- Assertion that the leases were invalid due to unfair conduct by MAPA. - Cited prior access licenses that granted rights to fish in the Lease areas. - Challenged the procedural integrity in the granting of the leases since they were unaware of any negotiations for them.
- MAPA's Arguments:
- Argues that the leases were granted under the statutory framework provided by the Land Act 1958. - Contended that they acted within the bounds of the law and properly registered the leases. - Emphasized that their business and the licenses granted to them were legitimate and followed correct procedures.