Federal Court of Australia
Federal Court of Australia
Wilson Transformer Company Pty Ltd v Anti-Dumping Review Panel (No 2) [2022] FCAFC 30 File number(s): VID 365 of 2021
Judgment of: GRIFFITHS, O'CALLAGHAN AND THAWLEY JJ
Date of judgment: 8 March 2022
Catchwords: PRACTICE AND PROCEDURE – interlocutory application to set aside orders by consent – where Court made erroneous finding – appropriate to make orders pursuant to r 39.05(f) of the Federal Court Rules 2011 (Cth) ADMINISTRATIVE LAW – procedural fairness – whether Anti-Dumping Review Panel failed to comply with procedural fairness requirements in failing adequately to disclose to the appellant the substance of a confidential conference – where non-confidential summary of conference not published until after Panel's review complete – whether Subdiv C of Div 9 of Pt XVB of Customs Act 1901 (Cth) exhaustive of procedural fairness requirements – whether appellant suffered practical injustice – appellant deprived of opportunity to be heard – held: procedural unfairness
Legislation: Customs Act 1901 (Cth) ss 269ZZRA, 269ZZT, 269ZZX Migration Act 1958 (Cth) s 422B Federal Court Rules 2011 (Cth) r 39.05(f) Explanatory Memorandum, Customs Amendment (Anti-Dumping Measures) Bill (No. 1) 2015 (Cth)
Cases cited: BSX15 Minister for Immigration and Border Protection [2017] FCAFC 104; 249 FCR 1 Degning v Minister for Home Affairs [2019] FCAFC 67; 270 FCR 451 Dunn v Minister for Immigration and Border Protection [2018] FCAFC 233; 267 FCR 246 Hamlett on behalf of the Wajarri Yamatji People v State of Western Australia (No 3) [2021] FCA 869 Jagroop v Minister for Immigration and Border Protection [2014] FCAFC 123; 255 FCR 482 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Minister for Immigration and Border Protection v WZARH [2015] HCA 40; 256 CLR 326 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 390 ALR 560 Nathanson v Minister for Home Affairs [2020] FCAFC 172; 281 FCR 23 Nathanson v Minister for Home Affairs [2021] HCATrans 170 (15 October 2021) National Disability Insurance Agency v WRMF [2020] FCAFC 79; 276 FCR 415 Nguyen v Minister for Home Affairs [2019] FCAFC 128; 270 FCR 555 O'Rafferty v The Queen (No 2) [2014] ACTCA 52; 10 ACTLR 278 Pharm-a-Care Laboratories Pty Ltd v Commonwealth of Australia (No 7) [2011] FCA 715 Re Minister for Immigration and Multicultural Affairs; Ex parte Miah [2001] HCA 22; 206 CLR 57 Saeed v Minister for Immigration and Citizenship [2010] HCA 23; 241 CLR 252 Wilson Transformer Pty Ltd v Anti-Dumping Review Panel [2022] FCAFC 4
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