Federal Court of Australia
CATCHHIORDS Administrative Law - appeal from the Administrative Appeals Tribunal on a question of law - Export Market Development Grants Act 1974 - retainer paid to agent in Japan - to
provide incentives for the development of export markets - whether "eligible expenditure" and whether for "primary and principal purpose" - facts to be considered.
Export Market Development Grants Act 1974 ss.4,12,13,15,39
Administrative Appeals Tribunal Act 1975 ss.43,44
Federal Court of Australia Act 1976 ss.19,20
McDonald v. Director-General of Social Security (1984) 1 F.C.R. 354
Briginshaw v. Briginshaw (1938) 60 C.L.R. 336
SEA KING PTY. LTD. v. AUSTRALIAN TRADE COMMISSION
W.A. No. G 57 of 1986
Northrop, Toohey and Spender JJ. 5 November 1986 Perth
FEQERAL COURT \ AUSTRALIA. OF
PRINCIPA\ REGISTRY
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a
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IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
~ewn re
GENERAL DIVISION
W.A. No.
G 57 of 1986
ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION
OF THE ADMINISTRATIVE APPEALS TRIBUNAL
CONSTITUTED BY MESSRS. R.K. TODD, DEPUTY PRESIDENT, R.A. PASCOE, MEMBER AND N.J. ATTWOOD, MEMBER.
SEA KING PTY. LTD.
and
AUSTRALIAN TRADE COMMISSION
COURT: NORTHROP, TOOHEY AND SPENDER JJ.
DATE: 5 NOVEMBER 1986 PLACE: PERTH
MINUTES OF ORDER
THE COURT ORDERS THAT: -
1. The appeal be allowed with costs.
Applicant
Respondent
2. The decision of the Administrative Appeals Tribunal made on 30 April 1986 be set aside and the case be remitted
to the said Tribunal to be heard and
according to law.
determined
(Settlement and entry of Orders is dealt with in 0.36 of the
Rules of Court.)
te ee OIE SO ree 'oo we tf .
) ) WESTERN AUSTRALIA DISTRICT REGISTRY 3} W.A. No. G 57 of 1986 ) GENERAL DIVISTON )
ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION
OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MESSRS. R.K. TODD, DEPUTY PRESIDENT,
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