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Administrative Law - appeal from Administrative Appeals Tribunal - export expansion grants - meaning and operation of s.16 of Export Expansion Grants Act 1978. - whether sub-s.16(1) subject to implied limitation - meaning of "act or thing done" in sub-s.16(1) - relevancy of purpose with which act or thing done - meaning of
"corresponding increase" in sub-s.16(1) - whether sub-s.16(1) may
only operate at the end of the grant years - exercise of discretion by Export Grants Board - meaning of "necessary" in sub-s.16(1)
Export Expansion Grants Act 1978 ss. 6, 13, 16
Export Market Development Grants Act 1974 s. 38
MICHELL CARBONISED WOOL EXPORTS PTY. LIMITED & ORS. v. EXPORT D OPMENT _G S_BO
Nos. G295 - G302 of 1983
' TOOHEY, McGREGOR & MORLING JJ.
DARWIN
6 APRIL 1984
armenia ctdeabnn ctl mie cen dicey ha deeb siahia namnata as eee nen
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION
295 of 1983 296 of 1983 297 of 1983 298 of 1983 299 of 1983 300 of 1983 301 of 1983 302 of 1983
Nos.
ANQAAAAANNA
ON APPEAL from the Administrative Appeals Tribunal :
BETWEEN:
MI i CARBONISED WOOL ORTS : LIMI :;__ MIC. WOOL
EXPORTS (CANADA) PTY. LIMITED: M ORTS : LIMITED; MICHELL WOOL TOP EXPORTS PTY. LIMITED:
SKINS : MI z
MICHELLEX (WOOL) PTY. LIMITED: G.H. & SONS (S.A.
LIMITED and _M SCOURED
WOOL EXPORTS I Applicants
and
ORT DEVELOP OARD
Respondent
QO R D E R
JUDGES MAKING ORDER : Toohey, McGregor & Morling JJ. DATE OF ORDER : 6 April 1984
WHERE MADE: : Darwin
—
THE COURT ORDERS THAT:
Each of the appeals is allowed.
The' decision of the Administrative Appeals Tribunal dated 9 September 1983 confirming decisions of the Export Development Grants Board made on 21-22 February 1980 and varied on 25-26 November 1981 be set aside.
The matters the subject of the decisions of 'the Export. Development Grants Board be remitted to the Board to be dealt with in accordance with the reasons for judgment of this. honourable court,
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