Trim Knit Manufacturing Pty Ltd v Bates, Harvey [1984] FCA 384

384 CATCHWORDS

Administrative Law -~ application for review of decision of Minister

for Business and Consumer Affairs - determination of appellant's quotas for importation of knitwear - whether decision was the final and operative one determining its base entitlement - whether an

improper exercise of power due to failure to take into account a

relevant consideration.

Administrative Decisions (Judicial Review) Act 1977,ss. 3(1), 5, 13.

Customs Act 1901,ss. 2, 24(1), 271, 273.

TRIM KNIT MANUFACTURING PTY. LTD. v. HARVEY BATES VG 34 of 1984

Sweeney, McGregor and Lockhart JJ. 15 November 1984

Melbourne.

IN THE FEDERAL COURT OF AUS IA

VICTORIAN DISTRICT REGISTRY No. VG 34 of 1984

~~ ew

GENERAL DIVISION

BETWEEN : TRIM KNIT MANUFACTURING PTY. LTD. Appellant. AND: HARVEY BATES Respondent ORDERS

JUDGES MAKING ORDERS: Sweeney, McGregor and Lockhart JJ. WHERE MADE: Melbourne DATE OF ORDER: 15 November 1984

THE COURT ORDERS THAT:

1. The appeal be dismissed;

2. Trim Knit Manufacturing Pty. Ltd. pay the costs of Harvey Bates of this appeal.

IN THE FEDERAL COURT OF 'AUSTRALIA

VICTORIAN DISTRICT .REGISTRY

GENERAL DIVISION' *'

Td Tat

BETWEEN :

AND HARVEY BATES

) ) ). ) )

TRIM KNIT MANUFACTURING PTY. LTD.

No. VG 34 of 1984

Appellant

Respondent

Coram : Sweeney, McGregor and Lockhart JJ. Date : 15 November 1984 Place : Melbourne

Reasons for Judgment

Sweeney J.

I agree with the reasons for judgment and the orders

proposed by Lockhart J.

I certify that this is a true copy of the reasons for judgment herein of the Honourable Mr.: Justice Sweeney

Associate

Date: 15 November 1984

IN THE FEDERAL COURT OF AUSTRALIA) )

NFW SOUTH WALES DISTRICT REGISTRY) No. VG 34 of 1984 GENERAL DIVISION BETWEEN TRIMKNIT MANUFACTURING PTY. LTD. Appellant AND HARVEY BATES Respondent CORAM: Sweenev, McGregor and Lockhart Jd. Date: 15 November, 1984 PEASONS FOR JUDGMENT McGregor J. TRIMKNIT MANUFACTURING PTY. LTD.