Wilson Transfomer Company Pty Ltd v Anti-Dumping Review Panel [2022] FCAFC 4

Federal Court of Australia

Wilson Transformer Company Pty Ltd v Anti-Dumping Review Panel [2022] FCAFC 4 Appeal from: Wilson Transformer Company Pty Ltd v Anti-dumping Review Panel (No 2) [2021] FCA 591 Wilson Transformer Company Pty Ltd v Anti-dumping Review Panel (No 3) [2021] FCA 672

File number(s): VID 365 of 2021

Judgment of: GRIFFITHS, O'CALLAGHAN AND THAWLEY JJ

Date of judgment: 21 January 2022

Catchwords: ADMINISTRATIVE LAW – appeal from decision of primary judge dismissing application for judicial review of a determination of the Anti-Dumping Review Panel to affirm decisions of the Commissioner of the Anti-Dumping Commission to terminate anti-dumping investigations under the Customs Act 1901 (Cth) – whether Panel adopted and applied an erroneous construction of the Customs Act as to whether transactions between related companies should be accepted as "arms length transactions"– consideration of proper approach of judicial review to statements of reasons by administrative decision-makers – held: no appealable error ADMINISTRATIVE LAW – whether Panel failed to comply with rules of procedural fairness in failing adequately to disclose to the appellant the substance of a confidential conference – whether appellant deprived of opportunity to make submissions or provide comment – where information disclosed at conference commercial-in-confidence – consideration of procedural fairness in the context of confidential information – content of procedural fairness requires close attention to statutory scheme –substance of conference adequately disclosed with due regard for confidentiality – held: no procedural unfairness