Federal Court of Australia
CATCHWORDS
Administrative Decisions (Judicial Review) Act 1977 - application for by-law exempting goods from customs duty - allegation of denial of
natural justice and improper exercise of power.
ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977
CUSTOMS TARIFF 1966 Item 19 to the 2nd Schedule, Part 1.
N.S.W. G. 35 of 1981
TOOHEYS LIMITED v. MINISTER OF STATE FOR INDUSTRY AND COMMERCE
St. John, J. Sydney
Monday 26 September 1983
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
No. G. 35 of 1981
BETWEEN: TOOHEYS LIMITED
Applicant AND:
MINISTER OF STATE FOR INDUSTRY AND COMMERCE
Respondent
ORDERS
JUDGE MAKING ORDERS: ST. JOHN, J.
DATE OF ORDERS: MONDAY 26 SEPTEMBER 1983
WHERE MADE: AT SYDNEY
THE COURT ORDERS THAT:
1. The application 1s dismissed.
2. The applicant 1s to pay the respondent's costs.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
No. G. 35 of 1981
BETWEEN: TOOHEYS LIMITED
Applicant AND:
MINISTER OF STATE FOR INDUSTRY AND COMMERCE
Respondent
REASONS FOR JUDGMENT
ST. JOHN, J.
MONDAY 26 SEPTEMBER 1983
AT SYDNEY
The applicant seeks review pursuant to the Administrative Decisions (Judicial Review) Act 1977 ("the Act") of a decision by the Minister's delegate that a certain palletizer imported by the applicant should not be made the subject of a by-law exempting it from duty payable if no suitable equivalent palletizer was reasonably available in accordance with Item 19 to the 2nd Schedule, Part 1, of the
Customs Tariff 1966.
The application has previously been subject to a motion to strike out the proceedings on the basis that such decision was not an administrative decision within the meaning of the Act. That motion did not succeed before Ellicott, J., whose decision
1s reported; Tooheys Limited v. Minister for
Business and Consumer Affairs (1981) 36 A.L.R. 64.
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