Federal Court of Australia
JUDGMENT NO. 2 nese coe
— reeermmaeee
CATCHNORDS
ADMINISTPATIVE LAW - appeal from Administrative Appeals Tribunal -
claim by meat exporter for export incentive grant from Export
Development Grants Board - whether vells included in statutory definition of "offal" - meaning of "offal" and "carcase" in Export
Expansion Grants Regulations.
Administrative Appeals Tribunal Act 13975 s.44(1)
Export Expansion Grants Act 1978 ss.3(1), 4(1), 22
LUITICK AUSTRALIA FIY., LTD. v EXPORT DEVELOPMENT GRANTS BOARD
Wo. VG 304 of 1984
Woodward, Northrop and Jenkinson JJ. 29 April 1985 Melbourne -
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY No. VG 304 of 1984
we
GENERAL DIVISION
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
CONSTITUTED BY MR RF SMART OC, DEPUTY PRESIDENT,
SIR ERNEST COATES AND MR EL Jd COHN, MEMBERS
BETWEEN :
LUTTICK AUSTPALTA PTY. LTD. Applicant
Vv
EXPORT DEVELOPMENT GRANTS BOARD Respondent
MINUTES OF ORDER
COURT : Woodward, Northrop and Jenkinson Jd. DATE : 29 April 1985
PLACE : Melbourne
THE COURT ORDEPS THAT:
The appeal be dismissed with costs.
(Note: Settlement and entry of orders are dealt with in Order 36
of the Federal Court Rules.)
IN THE FEDERAL COURT OF AUSTRALIA
No. VG 304 of 1984
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
CONSTITUTED BY MR R F SMART OC, DEPUTY PRESTDENT,
STR ERNEST COATES AND MR L J COHN, MEMBERS
BETWEEN :
LUITICK AUSTRALIA FIY. LTD. Applicant Vv
EXPORT DEVELOPMENT GRANTS BOARD Respondent
COURT: Woodward, Northrop and Jenkinson JJ.
DATE: 29 April 1985
PLACE: Melbourne
REASONS FOR JUDGMENT
The circumstances giving rise to this appeal can be briefly stated. The applicant 1s a meat exporter. Amongst its range of export products is the abomasum, or the fourth stomach of a young calf, known in the industry as the vell. The applicant is one of Australia's largest exporters of vells, exporting approximately 300,000 to 400,000 units per year. These vells were originally exported by the applicant in a dried form, but are now
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