Federal Court of Australia
CATCHWORDS
Administrative Law - Judicial Review - Declaration by Minister
that s.8 of the Customs Tariff (Anti-Dumping) Act, 1975 applies
in respect of toughened glass patio door panels exported from Spain - Declaration that amount of export price of such goods less than amount of normal value of goods - material injury to
an Australian industry threatened or caused - Determination of "normal value" of goods in Spain by using U.S.A. normal values under s.5(4) - "normal value" not ascertained under ss.5(1),
5(2) or 5(3) - Whether evidence to justify decision under
review - Decision that normal value could not have been fixed pursuant to s.5(1) since sales in U.S.A. not in "ordinary course of trade" since sold at loss - Whether s.5(1) applicable in circumstances - Meaning of "ordinary course of trade" for purposes of s.5(1) - Whether sales at loss are not in "ordinary course of trade" - Not appropriate to use U.S.A. normal values for purpose of constructing normal value for exports from Spain ~ Materially irrelevant considerations - Failure to consider materially
relevant considerations.
Administrative Decisions (Judicial Review) Act, 1977 ss.5(1)(h), 5(2) (a), 5(2) (b), 5(2) (g)
Customs Tariff (Anti-Dumping) Act, 1975 ss.5{1), 5(2)(c), 5(2)(d), 5(4), 8
McDOWELL & PARTNERS PTY. LIMITED, TRIAD INTERNATIONAL PTY. . LIMITED v. THE HONOURABLE JOHN NORMAN BUTTON, PILAINGTON ACI LIMITED
No. G198 of 1983
Beaumont, J. 2 December, 1983. Sydney.
uv
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION No. G 198 of 1983. BETWEEN: McDOWELL & PARTNERS PTY. LIMITED
TRIAD INTERNATIONAL PTY. LIMITED
Applicants
D: THE HONOURABLE JOHN NORMAN BUTTON
PILKINGTON ACI LIMITED
Respondents
ORDERS
Judge making orders: Beaumont, J.
Date orders made: 2 December, 1983.
Where made: sydney.
THE COURT ORDERS THAT:
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