Federal Court of Australia
CATCHWIORDS
ADMINISTPATIVE LAW - Customs Tariff quota - decision to revoke hase aota antitlement and withdraw vorevious impart performance entitlement - whether made under an enactment - administrative scheme to allocate quota - whether representation as fo what aould be considered in determining allocation of quota - whether factors considered were within scheme - whether irrelevant considerations taken into account - scheme not to be construed as Lleaislative. * ° administrative Decisions (Judicial Feview) Act 1977 $.5:1ifa)
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THE MINISTER FOP INDUSTRY AND COMMEPCE & ANOR. +7, EAST WEST TRADING CO, PTY. LIMITED
Muronvores Tneornorated Pty.Ltd. v. Commonwealth of Australia (1376) 136 C.L.R. 1 ref'd to fean Investments Pty.Ltd. ov. Mackellar (1981) 28 A.L.R. 36?: (1982) 42 A.L.R.676 ref'd ta Guyleven v. Minister for Immigraticn & Ethnic Affairs Cunregorted. Full Federal Court, 24 Februarv 1984) ref'd te Peninsula Aanwlican Bove School v. Pvan (unreported. Wilcox J., ' (a)
TORAM: FOX, MORLING & BEAUMONT 3 MARCH 19986 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA } )
NEW SOUTH WALES DISTRICT PEGISTRY ) No. G271 of 1285 )
GENERAL DIVISION )
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTPALTA
BETWEEN : THE MINISTER FOR INDUSTPY AND COMMEPCE AND BRIAN GALLAGHER , ASSISTANT SECRETARY, OUOTA CENTRAL BRANCH, AUSTRALIAN CUSTCMS SERVICE
Appellants AND: EAST WEST TRADING CO. PTV. LIMITED
Respondent
MINUTE OF ORDER
JUDGES MAKING ORDER : Fox, Morling and Beaumont JJ. DATE GF ORDER : 2 March 13936 WHERE MADE 3 Sydnev
THE COURT OPDERS THAT:
1. Appeal allowed.
ae Set aside the orders made herein on 28 Auqust 1395; in lieu thereof order that the cespondent's application he dismissed.
tu '
Order that the respondent pay one-half of the appellants' costs before the learned Judge and on this appeal.
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