G.T.K. Trading Pty Ltd v. Export Development Grants Board [1981] FCA 226

CATCHWORDS

Administrative Law - Export expansion grant - goods qualifying for payment of grant - live lobsters caught at sea - whether eligible goods - whether livestock - whether produced or processed - whether produced or processed in Australia - whether substantially of

Australian origin

Words and Phrases - "Australia" - "Goods" - "Livestock" -

"Produced" - "Processed".

Export Expansion Grants Act 1978 ss.3(1) 4(1) Acts Interpretation Act (1901) ss.15AA, 15B(1)

In the matter of a review by the ADMINISTRATIVE APPEALS TRIBUNAL wherein G.T.K. TRADING PROPRIETARY LIMITED is applicant and EXPORT DEVELOPMENT GRANTS BOARD is respondent

NO. W.A.G. 15 of 1981

CORAM: Evatt, Deane, Ellicott, JJ.

DATE: 10 December 1981

PLACE: Sydney.

IN THE FEDERAL COURT OF AUSTRALIA ) )

WESTERN AUSTRALIA DISTRICT REGISTRY) W.A.G. 15 of 1981 ) )

GENERAL DIVISION

In the matter of a review by the

ADMINISTRATIVE APPEALS TRIBUNAL wherein

G.T.K. TRADING PROPRIETARY LIMITED is applicant

and EXPORT DEVELOPMENT GRANTS BOARD is

respondent

ORDER

JUDGES MAKING ORDER: Evatt, Deane, Ellicott, J.J. DATE OF ORDER: 10 December 1981

WHERE MADE: sydney

THE COURT ORDERS THAT:

The questions of law referred to it pursuant to s.45 of the Administrative Appeals Tribunal Act be answered

as follows:-

(1) Yes

(2) . Yes in relation to production and

(3) processing but not manufacture or assembly

©

(4) (a) Does not arise

(b) No (c) Yes (5) No

(6) Yes

IN THE FEDERAL COURT OF AUSTRALIA )

)

WESTERN AUSTRALIA DISTRICT REGISTRY) W.A.G. 15 of 1981 )

GENERAL DIVISION )

In the matter of a review by the

ADMINISTRATIVE APPEALS TRIBUNAL wherein G.T.K. TRADING PROPRIETARY LIMITED is applicant

and EXPORT DEVELOPMENT GRANTS BOARD is

respondent

CORAM: Evatt, Deane, Ellicott, JJ.

+ 10 December 1981

REASONS FOR JUDGMENT

CORAM: G.T.K. Trading Proprietary Limited (the applicant),

a company incorporated in Western Australia, carries on business there as a processor and exporter of seafood products. As part of its business it exports live rock lobsters to Japan. " . In 1979 it lodged claims for grants under the Export Expansion Grants Act 1978 (the Act) in respect of the years 1977/78 and 1978/79 respectively. The claims