Federal Court of Australia
CATCHWORDS Administrative Law - Export Market Development Grants Act, 1974 - grant for "eligible expenditure" for purpose of promotion of export trade - characterisation of conduct -
whether conduct engaged in primarily and principally for
stipulated purpose - whether incidental benefit arising from
proper performance of contract.
Words and Phrases ~ soliciting business.
Export Development Grants Board v. Geotfrey Thompson &
Growers Co-Operative Company Pty. Ltd.
No. VG 34 of 1985.
Smithers, Beaumont and Everett, Jd.
24 July 1985
Sydney
IN_THE FEDERAL COURT OF AUSTRALIA )
VICTORIA REGISTRY No. VG 34 of 1985
) ) ) GENERAL DIVISION '
ON APPEAL from the Administrative Appeals Tribunal
BETWEEN : EXPORT DEVELOPMENT GRANTS BOARD Applicant AND: GEOFFREY THOMPSON & GROWERS
CO-OPERATIVE COMPANY PTY. LTD.
Respondent
MINUTES OF ORDER
Judge making order: Smithers, Beaumont and Everett, JJ. Date order made: 24 July 1985 Where made: Sydney
THE COURT GRDERS THAT:
l. Order that the appeal be allowed.
ty
Order that the decision of the Administrative Appeals Tribunal made on 25 January 1985 herein be set
aside.
3. Order that the cross-appeal be dismissed.
+. Order that the respondent pay the costs of the
appellant Board of the appeal and of the cross-appeal.
5. Order that the respondent be aranted a certificate
under the Federal Proceedings (Costs) Act, 1981 in respect
of the costs of this appeal.
Note: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
IN_THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) VG No. 34 of 1985 ) GENERAL DIVISION )
Between: EXPORT DEVELOPMENT GRANTS BOARD
(Applicant)
And: GEOFFREY THOMPSON AND GROWERS CO-OPERATIVE COMPANY PTY. LTD,
(Respondent)
Coram: Smithers, Beaumont and Everett JJ.
Date: 24 July 1985
REASONS FOR JUDGMENT
Smithers J.: I have had the advantage of reading the reasons for judgment of Beaumont J. in this matter and express my concurrence in them. I would add the following observations with reference to the respondent's claim for a grant from the
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