Pratt, F. & Anor v Olliffe, K.J. [1986] FCA 568

Sb6G NOT FOR DISTRIBUTION

IN THE FEDEPAL COURT OF AUSTRALIA

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VICTORIA DISTPICT REGISTRY ) 7. Ne. G 142 of 1996 )

GENERAL DTYISION

BETWEEN :

FIONA PRATT and HELOISE RACHEL PRATT (trading as SOUTHERN PAPER CONVERTERS ) Applican

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and

KENNETH JOSEPH OLLIFFE (a delegate of the Comptroller-General of the Customs} Respondent

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COURT: NORTHROP J.

DATE: 27 OCTOBER 1986 PLACE: MELBOURNE

EX TEMPORE REASONS FOR JUDGMENT

By application dated 6 May 1986. the applicants sought an order of review of a decision by the respondent which is said to have been made on 13 February 1986. The decision is one which arises out of the application of Part XVA of the Customs Act. That Part wag introduced into the Customs Act in 1983 and in substance enables a perszon to seek a reduction in the amount of duty to be paid on goods imported into Australia in certain circumstances. It is a relatively new Part and has not yet been examined 1n any detail by the Courts although a decision was given in the

Federal Court of Australia constituted by Mr. Justice Davies

ts

on 19 August 1986 in the case of Davies Craig Pty. Ltd. v.

Comptrolier General ot Customs in relation to the

construction and application of two of the sections contained

in Part XVA.

The substance of the decision in relation to which the application to review 1S brought appears ina letter dated 13 February 1986 from a delegate of the Comptroller General to the applicants. In that letter there is a

paraqrarh and I quote:-

"Having considered all of the information submitted so far. I advise that I am not satistied that a prima facie case for concession has been

established in these circumstances."

It may well be that no final decision has been made and the applicants could supply further information to the delegate seeking a decision in the light of that further information and having regard to what has been said from the bar table,