Federal Court of Australia
CATCHWORDS
Customs - proposed anti-dumping action - securities proposed to be required upon importation of motor
tyres from New Zealand - power to require securities before imposition of anti-dumping duties - considerations to be taken into account bdefore such securities may be required - relevance of international agreements relating
to tariffs or trade.
Administrative Decisions (Judicial Review) Act 1977,
ss.5 and 6; Customs Act 1901, ss.4, 7, 42, 43 and 45; Customs Tariff (Anti-Dumping) Act 1975, ss. 5, 6, 7, 8, 9, 10, 11 and 13; Customs Securities (Anti-Dumping) Amendment Act 1982, and Customs Tariff (Anti-Dumping) Amendment Act (No.2) 1982.
FELTEX REIDRUBBER_ LIMITED v, ANDREW SHARP PEACOCK, MINISTER FOR INDUSTRY 4ND COMMERCE and TEE COMPTRCLLER-GENERAL OF
CUSTOMS
G 189 of 1982
Coram: Sheppard d.°
25 February, 1983 Sydney
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G 189 of 1982
GENERAL DIVISION
BETWEEN
FELTEX REIDRUBBER LIMITED
Applicant AND ANDREW SHARP PEACOCK, MINISTER FOR INDUSTRY AND COMMERCE AND THE COMPTROLLER-GENERAL OF CUSTOMS Respondents ORDER JUDGE MAKING ORDER : SHEPPARD J. DATE OF ORDER : 25 February, 1983 WHERE, MADE : Sydney THE COURT ORDERS THAT: i. The application be dismissed.
2. The question of costs be stood over for later
argument.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G 189 of 1982
eed
GENERAL DIVISION
BETWEEN FELTEX REIDRUBBER LIMITED
Applicant AND
ANDREW SHARP PEACOCK, MINISTER
FOR INDUSTRY AND CCMMERCE AND THE COMPTROLLER=GENERAL OF CUSTOMS
Respondents
CORAM: SHEPPARD J. 25_ February, 1983
REASONS FOR JUDGMENT
This is an application made pursuant to s.5 of the
Administrative Decisions (Judicial Review) Act 1977 ("the Judicial Review Act") for the review of a decision said to have been made by the second respondent, the Comptroller- General of Customs, that cash securities be required or taken pursuant to s.42 of the Customs Act 1901 in respect of the importations into Australia of motor tyres manufac- tured in New Zealand by the applicant, Relief is also sought under s.6 of the Act.
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