GTE (Aust) Pty Ltd v Brown, J.J. [1986] FCA 536

53 6 ones

CATCHWORDS

ADMINISTRATIVE LAW - Decision to impose dumping duties under s.8 1 of Customs Tariff (Anti-Dumping) Act - Natural justice - Meaning of "normal value" - Effect of GATT agreements - Whether use of completely inapplicable material through misunderstanding of foreign language amounted to taking an irrelevant consideration into account or a mere mistake of fact ~ Meaning of "modified... by... the terms or circumstances of thezSales" in s.5(5) of Customs Tariff (Anti-Dumping) Act - Meaning of "adjusted... so that those differences woatd not affect its comparison with that export price" in the same Act - "Legitimate expectation" in the light of undertaking to provide opportunity to know departmental thinking before decision - Decision by Minister acting for and on

behalf of the relevant Minister - Effect of s.64 of the Constitution and s.19 of the Acts Interpretation Act.

Commonwealth of Australia Constitution Act, 8.64

Acts Interpretation Act 1901, ss.2, I7(i), 19

Administrative Decisions (Judicial Review) Act 1977, s.5

Customs Tariff (Ant i-Dumping) Act 1975, ss.5, 8

Kioa_v. Minister for Immigration and Ethnic Affairs (1985) 62 A.L.R. 321

Regina _v. Gaming Board for Great Britain, Ex parte Benaim [1970] 2 Q.B. 417

Attorney-General of Hong Kong v. Ng Yuen Shiu [1983] 2 A.C. 629 Salemi v. MacKellar (No. 2 1977) 137 C.L.R. 396

Council of Civil Service Unions v. Minister for the Civil Service [1985] 1 A.C. 374

D. & R. Henderson (Mfg) Pty Ltd v. Collector of Customs for the State of New South Wales (1974) 48 A.L.J.R. 132

Wattmaster Alco Pty Ltd v. Button, Pincus J., unreported, 24/1/86 Wattmaster Alco Pty Ltd v. Button, Pincus J., unreported, 8/4/86 McDonald v. Director-General of Social Security (1984) 6 A.L.D. 6

Regine v. Deputy Industrial Injuries Commissioner; Ex parte Moore Q.B.