Federal Court of Australia
CATCHWORDS
CUSTOMS - Anti-dumping - Requirement by Customs of provision of security in respect of any duty that may be payable under Customs Tariff (Anti-Dumping) Act - Inquiry necessary to be made before security may lawfully be required - Necessity for temporal relationship between dumping and the suffering of material injury by Australian industry - Whether there was evidence to sustain conclusion that duty may be payable - Rules of natural justice - Whether applicable to decision to require security - Whether Customs obliged to disclose to importer the substance of the complaints against 1t - Whether Customs obliged to pursue inquiries reqistered by importer -
Leave to amend points of claim.
Customs Act 1901 s.42.
Customs Tariff (Anti-Dumping) Act 1975 ss. 4A, 5, 5A, 6, 7, 8, 10, 13.
NSW G.568 of 1986 J WATTIE CANNERIES LIMITED v THOMAS PLUNKETT HAYES, COMPTROLLER-GENERAL OF CUSTOMS & ORS
. a) -" pt SD N. : MS
Keely, Wilcox and Gummow JJ ~~ Sydney 21 July 1987 .
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IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
No. NSW G.568 of 1986
GENERAL DIVISION
we
On appeal from the decision of a single judge of the Federal Court or Australia.
BETWEEN: J WATTIE CANNERIES LIMITED
Appellant
AND: THOMAS PLUNKETT HAYES, COMPTROLLER-GENERAL OF CUSTOMS First Respondent PETERSVILLE INDUSTRIES LIMITED Second Respondent McCAIN FOODS (AUSTRALIA) PTY LIMITED
Third Respondent
CORAM: KEELY, WILCOX and GUMMOW JJ PLACE: SYDNEY DATE: 21 JULY 1987
MINUTES OF ORDER
THE COURT QRDERS THAT:
1.
The application for leave to amend be refused.
2. The appeal be dismissed.
3. The appellant pay to each of the respondents their
respective costs of the appeal.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
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