Federal Court of Australia
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CATCHWORDS
EXPORT DEVELOPMENT GRANTS - Export of coal mined in Australia - Coal won at new mine - Expenditure incurred in relation to sale of interest in mine to overseas purchaser of coal -
Finding by Administrative Appeals Tribunal that predominant purpose'was sale of coal - Whether Act necessarily requires apportionment of expenditure incurred in respect of dual purposes - Expenditure incurred by member of group of companies other than the member engaged in export sales - Necessity for correspondence in identity between company
incurring expenditure and company seeking to sell or to export
coal.
Parker Pen (Australia) Pty Limited v Export Development Grants Board (1983) 46 A.L.R. 612 approved.
Export Market Development Grants Act 1974 ss.4, 12
NSW G.410 of 1984
EXPORT DEVELOPMENT GRANTS BOARD v MILLER POHANG COAL COMPANY PLY LIMITED
Morling, Neaves and Wilcox Jd.
9 August 1984
Sydney
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IN THE FEDERAL COURT OF AUSTRALTA
NEW SOUTH WALES DISTRICT REGISTRY No. G.410 of 1984
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GENERAL DIVISTON
On appeal from the General
Administrative Division of the Administrative Appeals Tribunal
BETWEEN : EXPORT DEVELOPMENT GRANTS BOARD
Applicant
AND: MILLER POHANG COAL COMPANY PTY LIMITED
Respondent CORAM: MORLING, NEAVES and WILCOX JJ. DATE: 9 AUGUST 1985 PLACE: SYDNEY " MINUTE OF ORDERS THE COURT ORDERS THAT: 1, The appeal be allowed. 2. The decision of the Administrative Appeals Tribunal
be set aside.
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3. The appeal of the respondent to the Administrative Appeals Tribunal be dismissed and in lieu thereof the decision of the applicant, the Export Development
Grants Board, be affirmed.
4. The respondent pay to the applicant its costs of the appeal to this Court.
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