Federal Court of Australia
- oO —— -+
CATCHWORDS
TRADE PRACTICES - responsibility of Minister to take proceedings
for contraventions of Parts IV or V of the Trade Practices Act
1974.
ADMINISTRATIVE LAW - 'judicial review - whether Minister abdicated responsibility to consider taking proceedings - exercise of
Court's discretion not to make order.
Trade Practices Act 1974 ss.29, 80(1)
Administrative Decisions (Judicial Review) Act 1977 ss.5, 7, 16
VISY BOARD PTY. LTD. v THE HONOURABLE GARETH EVANS, THE ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA and SCI OPERATIONS PTY. LTD.
No. VG 232 of 1983
Woodward J. Melbourne 20 December 1983
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY ) No. VG 232 of 1983 ) )
GENERAL DIVISION
BETWEEN:
VISY BOARD PTY. LTD.
and
THE HONOURABLE GARETH EVANS, THE ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA and SCI OPERATIONS PTY. LTD.
ORDER
JUDGE MAKING ORDER Woodward J.
DATE OF ORDER 20 December 1983
WHERE MADE Melbourne
THE COURT ORDERS THAT:
The application be dismissed with costs.
Applicant
Respondents
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) No. VG 232 of 1983 ) )
GENERAL DIVISION
BETWEEN:
VISY BOARD PTY. LTD. Applicant
- and
THE HONOURABLE GARETH EVANS, THE ATTORNEY-GENERAL OF THE COMMONWEALTH
OF AUSTRALIA and SCI OPERATIONS PTY. LTD. Respondents
CORAM: Woodward J.
DATE: 20 December 1983
WOODWARD J. REASONS FOR JUDGMENT
In this case the applicant is seeking an order pursuant
to the Administrative Decisions (Judicial Review) Act 1977 ("the
ADJR Act") quashing or setting aside a decision of the farst-named respondent, the Attorney-General of the Commonwealth of Australia, not to institute proceedings against the second-named respondent SCI Operations Pty. Ltd. ("SCI") under s.50 of the Trade Practices
Act 1974 ("the TP Act").
On 25 October 1983 the applicant wrote to the
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