This matter was determined on the papers. The Court ordered that (1) the application for leave to appeal filed 23 January 2018 be dismissed; and (2) any respondent to the application that wished to serve a proposed costs order and written submissions were to do so within 14 days.
This matter concerned an application for leave to appeal made by the Torres Strait Regional Authority (TSRA) to appeal authorisation ‘step and conduct’ orders made on 19 December 2017. The orders under challenge were set out in Mortimer J’s reasons for judgment: Akiba on behalf of the Torres Strait Regional Seas Claim v State of Queensland [2017] FCA 1560.
Jagot J considered the lack of merit of the application for leave to be manifest. Her Honour found that the orders had been properly made and the test for leave to appeal was not satisfied. The conclusion of a lack of substantial injustice was supported by the fact that the TSRA was represented before the primary judge on 18 December 2017 and did not object to the orders proposed to be made. Jagot J found that the TSRA’s submissions did not suggest any error in the discretionary exercise.