Federal Court of Australia
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CATCHWORDS C JUL 1985 * j \ ~ ) 77 Sa
CUSTOMS DUTY - Diesel fuel rebate - Fuel used to generate electricity for residential use - Generator located in proximity to, but outside the curtilage of, the supplied houses - Whether fuel used "at" residential premises -- Factors supporting the conclusion that fuel consumed outside particular land was used "at" that land -- Houses located upon large unsubdivided allotment - Whether total allotment constituted the relevant premises.
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ADMINISTRATIVE APPEALS - Finding of Administrative Appeals Tribunal based on Tribunal's understanding of traditional aboriginal concepts of communality of property - Absence of evidence of such concepts or of the extent of adherence to such concepts within subject community - Whether Tribunal entitled to rely upon its understanding of such concepts.
Customs Act 1901 s.164
Mintern-Lane v Kercher £19683 V.R. 522, Homer v Homer (1878) 8
Ch.D 758, Price v The Bala and Festiniog Railway Company (1884) 50 L.T.(N.S.) 787 referred to.
No. TG 1 of 1985
COLLECTOR OF CUSTOMS, TASMANIA v FLINDERS ISLAND COMMUNITY ASSOCIATION
Sheppard. Wilcox and Everett JJ. Svdney 1 July 1985
wee IN THE FEDERAL COURT OF AUSTRALIA
) ) TASMANTAN DISTRICT REGISTRY ) No. TG 1 of 1985 ) )
GENERAL DIVISTON
On Appeal from the General Administrative Division of the Administrative Appeals Tribunal
constituted by his Honour Mr Justice Davies, Deputy President RC Jennings 9.C. and Mr R A Sinclair. -
BETWEEN : COLLECTOR OF CUSTOMS, TASMANTA
Applicant
AND: FLINDERS TSLAND COMMUNITY ASSOCIATION
Respondent
CORAM: SHEPPARD, WILCOX and EVEREIT JJ. DATE: 1 JULY 1985 PLACE: SYDNEY
MINUTE OF ORDERS
THE COURT ORDERS THAT:
1. The appeal be dismissed.
i ee re ee a
IN THE FEDERAL COURT OF AUSTRALIA
) ) TASMANIAN DISTRICT REGISTRY ) No. TG 1 of 1985 ) GENERAL DIVISION )
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