Federal Court of Australia
a)
Ao
CATCHWORDS Administrative law - Trade Practices - Section 155 notice served on appellant - Application under Administrative
Decisions (Judicial. Review) Act for reasons for decision to issue notices - Whether issue of s.155 notices is one to which the Administrative Decisions (Judicial Review) Act applies - Whether appellant is "person aggrieved" - Whether s.155 notices exempted from provisions of Administrative Decisions
(Judicial Review) Act by Second Schedule of that Act.
Administrative Decisions (Judicial Review) Act 1977, s.13(1), s.13(2), s.13(4A)(b), Schedule 2 Para.{£).
Trade Practices Act 1974, s.155.
RICEGROWERS CO-OPERATIVE MILLS LIMITED ve. RONALD MOORE BANNERMAN and TRADE PRACTICES COMMISSION
N.S.W. No. G97 of 1981
Coram: Bowen C.J., Franki and Northrop Ju.
16 December 1981
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA)
)
NEW SOUTH WALES DISTRICT REGISTRY) No. G97 of 1981
GENERAL DIVISION
JUDGES MAKING ORDER:
DATE OF ORDER:
WHERE MADE:
THE COURT ORDERS THAT:
) )
BETWEEN:
RICEGROWERS CO-OPERATIVE MILLS LIMITED
Appellant
AND:
RONALD MOORE BANNERMAN and TRADE PRACTICES COMMISSION
Respondents
RDER
Bowen C.J., Franki and Northrop Jd.
16 December 1981
Sydney
1. The appeal from the dismissal on 23 July 1981 of the
notice of motion and the suit be dismissed.
2. Ricegrowers Co-operative Mills Limited pay to the Trade
Practices Commission its costs of the appeal.
IN THE FEDERAL COURT OF AUSTRALIA) )
NEW SOUTH WALES DISTRICT REGISTRY) No. G97 of 1981 ) GENERAL DIVISION - ) BETWEEN: RICEGROWERS CO-OPERATIVE MILLS LIMITED Appellant AND:
RONALD MOORE BANNERMAN and TRADE PRACTICES COMMISSION
Respondents CORAM: Bowen C.J., Franki and Northrop JJ. 16 December 1981. REASONS FOR JUDGMENT BOWEN C.J. and FRANKI J.: A notice under s.155 of the Trade
Practices Act 1974:("the Act") was served upon the Ricegrowers Co-operative Mills Limited ("Ricegrowers") by the Trade Practices Commission ("the Commission") accompanied by letter dated 30 March 1981. The notice stated that the Chairman of the Commission "... having reason to believe that}! Ricegrowers "is capable of furnishing information and producing documents
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