Federal Court of Australia
Administrative Law - tudicial review - review of Ministers' decisions - minimum tender price fixed for coal - whether 'reviewable decision" - whether conduct
leading to the making of a decision - whether made under
an "enactment" - whether decision unreasonable - meaning of "unreasonable" - consideration of departmental system
leading to price parameters
Words and Phrases - "decision" "unreasonable"
Administrative Decisions (Judicial Review) Act 1977 (Cth) ss.3, 5S, 6
Customs (Prohibited Export) Regulations, reg.9 Customs Act 1901 (Cth) 3.112
Director-General of Social Services v les (1983) 47 ALR 281
Director-General of Social Services v Hangan (1982) 45 ALR 23
Director-General of Social Services v Chaney (1980) 31 ALR 571
Between : CURRAGH COAL SALES COMPANY PTY LIMITED And : JOHN MAXWELL WILCOX, LIONEL BOWEN and PETER WALSH
No. G.58 of 1984
Brisbane
29 June 1984
DATE _OF ORDER WHERE MADE ORDER
) ) ) ) )
QUEENSLAND DISTRICT REGISTRY No. G.58 of 1984 GENERAL DIVISION BETWEEN =: COMP PIY LIMITED Applicant AND ° : J i. WILCOX L 0! and PETER WALSH Respondents QRDER JUDGE MAKING ORDER Davies, J
29 June 1984
Brisbane
lL.
The application is dismissed with costs.
The respondent's costs shall be taxed and paid by the applicant.
No. G.58 of 1984
~e eww
GENERAL DIVISION BETWEEN: OAL S 0 PTY LIMITED Applicant AND : JOHN W (e) LIONEL BOWEN and PETER WALSH Respondents REASONS FOR JUDGMENT (ex tempore) Coram : Davies. J
29 June 84
This 18 an application under che Administrative Decisions (Judicial Review) Act 1977 (Cth) ("the ADJR Act") to reviewa decision by the Acting Minister of State for Trade and Resources. on 16 May 1984. and a subsequent decision of the Manister of State for Trade and Resources not to alter that decision of is May 1984. The effect of the decisions was to stipulate the price
of $56 per tonne as the minimum price that the applicant, Curragh Coal Sales Company Pty Limited. mav tender in its current negotiations for the sale of coal to the Steel Authority of india
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