Federal Court of Australia
CATCHWORDS
Appeal from Administrative Appeals Tribunal ~ Whether Committee of Direction an authority of a State -
Application to present oral evidence
Administrative Appeals Tribunal Act 1975, ss.43 and 44
Fruit Marketing Organisation Acts, 1923 to 1964 (Q.), ss. 6, 7, 7A
Postal Services Act 1975, by-law 118(a)
THE COMMITTEE OF DIRECTION OF FRUIT MARKETING v. THE
DELEGATE OF THE AUSTRALIAN POSTAL COMMISSION
G. No. 5 of 1978
Coram: Franki, Northrop and Brennan JJ. Sydney
14 June 1979
ft i I t
IN THE FEDERAL COURT OF AUSTRALTA)
QUEENSLAND DISTRICT REGISTRY ) GENERAL DIVISION ' BETWEEN : AND :
ORDER
JUDGES MAKING ORDER:
DATE OF ORDER: 14 June 1979
BRE MADE: Sydney
WH
THE COURT ORDERS THAT:
1. 2.
3.
1 Un ert One enncene of een rTM fi were ee
The appeal is dismissed.
G.
TH oF
No. 3 of 1978
EB COMMITTEE OF DIRECTION FRUIT MARKETING
Plaintiff
TH
BE DELEGATE OF THE
AUSTRALIAN POSTAL COMMISSION
Defendant
Franki, Northrop and Brennan JJ.
The decision of the Tribunal is affirmed.
The plaintiff pay the defendant's costs.
te a re ee nen cere ne ee ne ene a eee ne a
IN THE FEDERAL COURT OF AUSTRALTA) QUEENSLAND DISTRICT REGISTRY ) G. No. 3 of 1978 GENERAL DIVISION }
BETWEEN
THE COMMITTED OF DIRECTION OF FRUIT MARKETING
Plaintiff AND : THE DELEGATE OF THE AUSTRALIAN POSTAL COMMISSTON - Defendant
Coram: Franki, Northrop and Brennan JJ. 14 June 1979
REASONS FOR JUDGMENT FRANKI J.:
This 18 a proceeding brought by the Committee of Direction of Fruit Marketing ("the C.0.D.") in relation to a decision of Smithers J. sitting as the Administrative Appeals Tribunal. The defendant in these proceedings is the Delegate of the Australian Postal Commission. The C.0.D. produces a publication called "Queensland Fruit and Vegetable News". By-law 118 made by the Australian Postal Commission under the Postal Services Act 1975
provides :
"118, <A publication is eligible for registration as a registered publication if -
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