Trimknit Manufacturing Pty Ltd v Bates, Harvey [1983] FCA 411

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IN THE FEDERAL COURT OF AUSTRALIA )

-* ) - VICTORIA DISTRICT REGISTRY ) No. VG 183 of 1982 VICTORIA DisTRr es evrsi ss * )

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GENERAL DIVISION

BETWEEN : TRIMKNIT MANUFACTURING PTY. LTD. AND : HARVEY BATES 22 December 1983 KEELY J. . ~ - REASONS FOR JUDGMENT

This is an application under s. 5 of the Administrative

Decisions (Judicial Review) Act 1977 (the Judicial Review Act)

for an order of review in respect of a decision made by the

respondent as delegate of the Minister of Business and Consumer

Affairs.

The application dated 7 December, 1982 described the

"decision" in the following terms :-

"Application to review the decision of the Respondent made on 17 December, 1981 pursuant to the provisions of Section 273 of the Customs Act 1901, that the Applicant's tariff quotas for the seven year period commencing 1 January, 1981 be as

follows :

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w. oe (a) 71132 units in respect of knitted coats, jumpers, cardigans, sweaters and the like:

tube tops, (b) $982,999-00 in respect of knitted coats,

jumpers, cardigans, sweaters and the like:

tube tops."

(The reference above to "1 January 1981" should

be to 1982)

Paragraph (a) referred to a decision relating to complete garments; paragraph (b) referred to a decision relating co "parts for" garments. Mr. Ostrowski, of Queens Counsel, who appeared with Mr. Hansen for the applicant, stated in final address that the decision sought to be reviewed was 'that relating to full garments, not the one relating to parts. The application seeks to have that decision quashed or set aside and an""order referring the Applicant's application for tariff quota

to the respondent for further consideration".

Before passing to the substantive questions involved in this application it is desirable to refer to the relevant aspects of the applicant's business in the period prior to December 1981 and the events leading up to the bringing of this