Mentink v Registrar of the Australian Register of Ships (No 2)

In this matter a number of interesting points were determined by P Lyons J.  They include the following:

• A question arose as to whether or not the Supreme Court of Queensland was empowered to make a declaration that the Registrar of the Australian Register of Ships had closed the registration of a vessel on the register without authority.  His Honour had to consider whether or not the exercise of declaratory power by the Court was prevented by s.9 of the Administrative Decisions Judicial Review Act which excluded review by the Supreme Court of decisions to which that Act applied.  His Honour undertook an extensive and useful analysis of this issue and determined that no operative decision existed which would have the result that the Supreme Court lacked jurisdiction;
• The next question was whether or not the power of the Supreme Court to order rectification of the Register of Ships gave to the Court the power to make a declaration as to the efficacy of the action of the Registrar in closing the ship’s registration.  This involved the question of whether or not the making of the declaration was within the scope of the “matter” in respect of which jurisdiction was conferred on the Supreme Court.  His Honour held that it was with the result that the Court was able to make the declaration.
• The last question determined by his Honour was whether or not the Court should exercise its discretion to make the declaration in the circumstances of the case and, particularly, whether or not the making of a declaration was inutile.