Federal Court of Australia
CATCHWORDS
Administrative appeals - Export grants - Whether
consideration for consignment of frozen lamb should have been excluded from export earnings - Whether finding that goods sold outside Australia should be based upon location of goods at time of sale or place at which contract entered into - Date at which goods "received" for shipment - Whether receipt at cold stores for shipment or merely storage -
Constructive receipt
Export Expansion Grants Act 1978, ss.3, 5(1) (a), 5(1) (b), 5 (3) (a)
WESTERN AUSTRALIAN LAMB MARKETING BOARD v. EXPORT DEVELOPMENT GRANTS BOARD
No. WA G25 of 1982
CORAM: Bowen C.d., Toohey & Fitzgerald JJ.
Perth
9 May 1983
IN THE FRDERAL COURT
) OF AUSTRALIA ) WESTERN AUSTRALIA ) No. WA G25 of 1982 ) )
DISTRICT REGISTRY GENERAL DIVISION
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL GENERAL ADMINISTRATIVE DIVISION
BETWEEN:
WESTERN AUSTRALIAN LAMB MARKETING BOARD
Appellant
and
EXPORT DEVELOPMENT GRANTS BOARD
Respondent
oO R DER
Bowen C.J., Toohey and Fitzgerald JJ.
JUDGES MAKING ORDER
WHERE MADE Perth
DATE 9 May 1983
THE COURT ORDERS THAT:
1. The appeal be dismissed with costs.
IN THE FEDERAL COURT ) OF AUSTRALIA ) No. WA G25 of 1982 WESTERN AUSTRALIA ) DISTRICT REGISTRY )
)
GENERAL DIVISION
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL GENERAL ADMINISTRATIVE DIVISION
BETWEEN:
WESTERN AUSTRALIAN LAMB MARKETING BOARD
Appellant
and
EXPORT DEVELOPMENT GRANTS BOARD Respondent
CORAM: Bowen C.J., Toohey & Fitzgerald JJ.
DATE: 9 May 1983
REASONS FOR JUDGMENT
THE COURT:
This is an appeal by the Western Australian Lamb Marketing Board ("the Marketing Board") from part of a decision of the Administrative Appeals Tribunal given on 9 July 1982.
The Tribunal upheld the decision of the Export Developments Grants Board ("the Grants Board") to
exclude from the export earnings of the Marketing
Board for the year which commenced on 1 July 1978
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