Will the appeal succeed??

Question

ABC Seafood is a family partnership which carries on business as a wholesaler in Sydney. On June 30th 2004, the NSW Fisher Agency issued a kind of licence to the partnership. In Dec. 2004, the Agency sent a notice of its intention to revoke the licences of the partnership on the grounds that the partnership had violated the conditions of licence contained in the NSW Fisheries Licensing Regulation 2004. In July 2005, the Agency received applications for buyer's and seller's licences from a company, ABC Pty Ltd. The address and telephone number of ABC Pty Ltd are identical to those of the partnership. The licence applications were signed by X, a partner in the partnership, as 'manager' of ABC Pty Ltd. The shareholder of ABC Pty Ltd are X and his wife,Y. The Agency refused to grant licences to ABC Pty Ltd on the basis that the application by ABC Pty Ltd was merely an application for a renewal of licence by ABC Seafood partnership. ABC Pty Ltd wants to appeal. Will the appeal succeed?

Answer 1

As Lyn W has said this is obviously an assignment or possibly a Mooting problem.
The issues raised in my mind are;
Does the NSW Agency perform the function of deciding issues of 'public' law?
If it does not what is the procedure for appeal?
What are the operational constraints?
If it does what is the procedure for judicial review within NSW
What are the time limits imposed?

Potential Grounds of appeal available if procedural obstacles are overcome;

In the revocation of licence.......Failure to consult/Unfair process

Decision to refuse license to ABC Pty Ltd UN-reasonable per Wedensbury rules (was the decision so un-reasonable that no other Fishing Agency would have made the same decision)

Agency failed to take into account everything that they should have done

Agency took into account something that they should not have done. (ie, Ltd company is a legal entity separate of that of its officers and shareholders and as such should have been considered as a new and separate application)

You could also look to see what anti-trade laws are applicable

If Lyn W is reading this please email me on [e-mail]

If it is a Mooting problem try looking at www.mooting.net
for help in composing an argument

Answer 2

A very interesting assignment or mooting question.

You need IDEA.

Identify the area of law you are dealing with.

Define the relevent area of law.

Explain the law that you think is applicable

Apply the law to the problem.

Support your arguments with relevent case law and look at the comments made by the judges.

Good luck.

Answer 3

Its very,very unlikely the appeal will succeed.

Answer 4

what are you going on about..shouldn,t you be talking to a solicitor or lawyer

Answer 5

do your own bleedin' assignments.

Answer 6

woooooooooooooooooooooof!!!!!!!!!!!!!1
BOLLOCKS !!!!!!