Stubbs, Stephen Raymond & Anor v The Minister, Department of Industry and Commerce & Anor [1984] FCA 7

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

BETWEEN

AND

No. G.173 of 1983

STEPHEN RAYMOND STUBBS AND

ROBYN ANN STUBBS TRADING AS WANDWILLS

Applicants

THE MINISTER, DEPARTMENT OF INDUSTRY AND COMMERCE

First Respondent

J.A. CONLON. ASSISTANT SECRETARY. QUOTA CONTROL

BRANCH, DEPARTMENT OF INDUSTRY AND COMMERCE

Second Respondent

CORRIGENODA

Amendment to the Reasons for Judgment of Mr. Justice McGreqor of

7 February 1984.

Page 2 line 12 - "2434(3)" where appears should read "234(e)"

Page 34 line 2 second paragraph "us" should read "me".

tone Lowdtin

A. Coates

Associate to Mr. Justice McGreaor

8 February 1984

AIT PRO ONT g LRAT AHA teen el AD a SOT LT 8 enh Rape ee UL Lr pene NT ret

CATCHWORDS

Administrative Law - judicial review - refusal by Minister to grant allocation of base quota for importation of goods - whether refusal was improper exercise of power - takang into account an irrelevant consideration - failure to take into account relevant considerations - whether there was a breach of the rules of natural justice - whether opportunity to state merits of case was afforded - whether "onus"" to show entitlement was imposed on applicants - alleged adverse preconceived opinion - whether delav, if any, constituted a breach of rules of natural justice -

whether there was no evidence to justify decision.

Administrative Decisions (Judicial Review) Act 1977 s.5

Customs Act 1901 s.273.

STEPHEN RAYMOND STUBBS AND ROBYN ANN STUBBS TRADING AS WANDWILLS v. THE MINISTER, DEPARTMENT OF INDUSTRY AND COMMERCE AND J.A. CONLON, ASSISTANT SECRETARY, QUOTA CONTROL BRANCH, DEPARTMENT. OF INDUSTRY AND COMMERCE