Western Mining Corporation Ltd v. Comptroller-General of Customs [1987] FCA 411

CATCHWORDS

Administrative Law - Judicial review - Decision by delegate of Comptroller-General of Customs refusing to make a by-law or determination granting a concessional rate of duty in respect of imported refractory bricks on the ground that a suitable equivalent of Australian manufacture was reasonably available - Previous decision set aside on judicial review and matter remitted to the Minister for reconsideration - Legislation amended between date of hearing and date of judgment providing for power to be exercised not by Minister but by Comptroller-General of Customs - Whether delegate of Comptroller-General of Customs had jurisdiction to make the decision - Whether delegate failed to take into account relevant considerations ~- Whether irrelevant considerations taken into account - Whether the exercise of the power was so unreasonable that no reasonable person could have so exercised the power.

Administrative Decisions (Judicial Review) Act 1977 (Cth), s.5 Customs Act 1901 (Cth), ss.271, 272, 273

Customs Tariff Act 1966 (Cth), Item 19 of Schedule 2

Customs Administration Act 1985 (Cth), ss.4, 5

Customs Administration (Transitional Provisions and Conseguential Amendments) Act 1985 (Cth), ss. 3, 4

WESTERN MINING CORPORATION LIMITED v. COMPTROLLER-GENERAL OF CUSTOMS

No. WA G 83 of 1986

Neaves J. 30 July 1987

Canberra

IN THE FEDERAL COURT OF AUSTRALIA ) )

WESTERN AUSTRALIA DISTRICT REGISTRY ) No. WA G 83 of 1986 ) )

GENERAL DIVISION

BEIWEEN : WESTERN MINING CORPORATION LIMITED

Applicant

AND: COMPTROLLER-GENERAL OF CUSTOMS

Respondent

MINUTE OF ORDER

JUDGE MAKING ORDER : Neaves J.

DATE OF ORDER : 30 July 1987 WHERE MADE : Canberra

THE COURT ORDERS THAT:

1. The application be dismissed.

2. The applicant pay the respondent's costs of the application.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.