Federal Court of Australia
CATCHWORODS
ADMINISTRATIVE LAW - relevant matter not taken into consideration - whether decision has to be set aside - another apparent defect regarded as relevant to exercise of discretion - date of effect of order setting aside.
CUSTOMS - anti-dumping duties - operation of "normal vaiue" provisions.
Administrative Decisions (Judicial Review) Act 1977, ss.5(2)(b), 16(1) (a) Customs Tariff (Anti-Dumping) Act 1975, ss.5,8,20.
WATTMASTER ALCO PTY. LTD. & ORS. v. THE HONOURABLE JOHN NORMAN BUTTON
N.S.W. G430 OF 1985
PINCUS J. BRISBANE
24 January 1986
PRINCIPAL BGGISTER,
IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY ) NSW G430 of 1985
GENERAL DIVISTON
BETWEEN :
WATTMASTER ALCO PTY. LTD. & ORS.
Applicants AND: THE HONOURABLE JOHN NORMAN BUTTON Respondent MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 24 January 1986 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
l.
3.
NOTE:
The decision of the respondent, the Honourable John Norman Button, made on 15 August, 1984, to publish a declaration pursuant to s.8(2) of the Customs Tariff (Anti-Dumping) Act 1975 in respect of sweep fans for Hong Kong having metal
blades of less than 1400 mm sweep, be set aside with effect from a date to be determined.
The applicants be at liberty to apply within 14 days to have this matter relisted for a hearing on the issue of the date from which the order setting aside the respondent's decision has effect, and in default of the applicants so applying,
the order setting aside the respondent's decision shall have effect from 24 January, 1986.
The respondent pay the applicants' taxed costs of and incidental to this application to date.
Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) NSW G430 of 1985 GENERAL DIVISION )
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