Federal Court of Australia
CATCHWORDS
ADMINISTRATIVE LAW - Judicial Review - Customs - commercial tariff concession order - DC electric motors for motor vehicle cooling fans - whether goods serving similar functions produced or capable of being produced in Australia - whether significant cross-elasticity of demand between goods - reference to Minister's Second
Reading Speech - error of law - relevant provisions misconstrued Words or Phrases - "goods serving similar functions"
"cross-elasticity of demand"
Administrative Decisions (Judicial Review) Act 1977
(Cth) s.5 Customs Act 1901 (Cth) Part XVA, ss.269B, 269C
BETWEEN : DAVIES CRAIG PROPRIETARY LIMITED Applicant AND : COMPTROLLER-GENERAL OF CUSTOMS
Respondent
No. VG.247 of 1985
CORAM 3 Davies J
19 August 1986
Melbourne
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IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
No. VG.247 of 1985
GENERAL DIVISION
JUDGE MAKING ORDER DATE OF ORDER
WHERE MADE
THE COURT ORDERS THAT
Note :
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BETWEEN : DAVIES CRAIG PROPRIETARY LIMITED Applicant AND : COMPTROLLER-GENERAL OF
CUSTOMS
Respondent
MINUTE OF ORDER
Davies J
19 August 1986
Melbourne
The application for an order of review is granted.
The subject decision, taken on 8 October 1985 by Mr Ian Bamford, is set aside.
The matter is remitted to the respondent for re~consideration according to law.
The respondent shall pay the applicant's costs of these proceedings.
Settlement and entry of orders is dealt with in Order 36
of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY No. VG.247 of 1985
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GENERAL DIVISION
BETWEEN 3 DAVIES CRAIG PROPRIETARY LIMITED Applicant AND 3 COMPTROLLER-GENERAL OF CUSTOMS Respondent
REASONS FOR JUDGMENT
CORAM : Davies J
19 August 1986
This is an application under s.5 of the Administrative
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