Parkes Rural Distrubutions Pty Ltd v Glasson, Edward John [1983] FCA 156

CATCHYORDS

Administrative Law - Judicial Review - petrcleum products - tied grant of financiel assistance by Conunmonwealth to State - Commonwealth Scheme instrument under Commonwealth Act ~- State Act implementing Commonwealth Scheme - amounts payable under State Act ascertazned in accordance with Scheme ~- certificate issued under State Act that amount repayable - whether

'decision' made 'under an enactment' - objection to competency.

State Grants (Petroleum Preducts) Act 1965 (Cth. ) Administrative Decisions (Judicial Review) Act 1977 (Cth.) Petroleum Products Subsidy Act 1965 (NSW)

PARKES RURAL DISTRIBUTIONS PTY. LIMITED v. EDWARD JOHN GLASSON

NSW No. G262 of 1982 Bowen C.J., Northrop and Neaves Jd. 21July 1983

Sydney

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSW No. G262 of 1982

GENERAL DIVISION

ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA

BETWEEN: PARKES RURAL DISTRIBUTIONS . PTY. LIMITED Appellant (Applicant) and - EDWARD JOHN GLASSON Respondent (Respondent ) CORAM: Bowen C.J., Northrop and Neaves JJ. DATE: 2lJuly 1983 WHERE MADE: Sydney

ORDER

THE COURT ORDERS THAT:

ls The appeal be allowed. 000000000 0 2 2 2 2 2

2. The order of the Court made on 10 December 1982 be set aside.

3. The respondent pay the appellant's costs of the appeal

and 1ts costs of the opjection to competency.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSW No. G262 of 1982

er ee we

GENERAL DIVISION

ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA

BETWEEN: — PARKES RURAL DISTRIBUTIGNS PTY. LIMITED Appellant (Applicant) . and EDWARD JOHN GLASSON Respondent (Respondent) CORAM: Bowen C.J., Northrop and Neaves Jud.DATE: 21 duly 1983 BOWEN C.J. and NORTHROP J. REASONS FOR JUDGMENT

At all material times Parkes Rural Distributions

Pty. Ltd., "the appellant", was a direct purchase distributor