Federal Court of Australia
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CATCHWORDS
ADMINISTRATIVE LAW - Judicial review - Application for licence to import goods into Australia refused - Meaning of "importation" -
Whether goods imported prior to application for licence being made - Whether regqulatiéns authorise the grant of a licence to
import goods after the goods imported into Australia.
Administrative Decisions (Judicial Review) Act 1977 (Cth), 3.5 Customs Act 1901 (Cth), 3.50, 51, 229(1)(b)
Customs (Import Licensing) Regulations, ss. 7, 8, 11, 17
McGURK CONSTRUCTION AND RIGGING CO. LIMITED v. COMPTROLLER-GENERAL OF CUSTOMS
"= WA G 85 of 1986 Mp" WA G 132 of 1986 af Neaves J. 19 May 1987 Perth : Shadi - . a See se oe
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IN THE FEDERAL COURT OF AUSTRALIA
No. WAG 85 of 1986 WESTERN AUSTRALIA DISTRICT REGISTRY
No. WA G 132 of 1986
GENERAL DIVISION
BETWEEN : McGURK CONSTRUCTION AND RIGGING CO. LIMITED Applicant AND: COMPTROLLER-GENERAL OF CUSTOMS Respondent
CORAM: Neaves J.
DATE: 19 May 1987
REASONS FOR JUDGMENT
McGurk Construction and Rigging Co. Limited ("the applicant") has applied to the Court under s.5 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) ("the Judicial Review Act") for orders of review in respect of decisions made on 11 July 1986 and 28 November 1986 respectively by Mr Kho Carl Ling, an officer of the Australian Customs Service and relevantly a delegate of the Comptroller-General of Customs ("the respondent"). Each of those decisions was made under reg.1l of the Customs (Import Licensing) Regulations ("the regulations") made under the Customs Act 1901 (Cth) ("the Act") and refused to grant to the applicant a licence to import into Australia a second hand
Manitowoc 4100W crawler mounted crane. At the hearing the
applicant was primarily concerned to challenge the decision
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