Federal Court of Australia
9°
o "JUDGMENT No. o4a//1..
CATCHWORDS
ADMINISTRATIVE LAW - Customs - Dumping control ~ Determination of "export price" - Determination that purchase by importer not "an arms length transaction" - Determination that importer was "dumping" the imported goods - Competence of Customs officers to determine export price ~- No evidence as to authority to take that decision on behalf of Comptroller-General - Necessity for delegation of statutory discretionary power committed to Comptroller-General - Application of the presumption of regularity of official acts - Relationship between evidence of selling at a loss and a finding that importer not at arms length from exporter - Whether decision-maker misconstrued the relevant statutory provisions - Natural justice - Whether the Customs officers sufficiently identified to the applicant the subject matter of their inquiries - Bias - Whether decision-maker approached his task with actual bias towards applicant - Alleged failure to take into account a relevant consideration - Particular matter not put before decision-maker by applicant.
Customs Tariff (Anti-Dumping) Act 1975 ss.4, 4A, 8, 19.
Customs Administration Act s.14.
Customs Administration (Transitional Provisions and Consequential Amendments) Act 1986 s.4.
Administrative Decisions (Judicial Review) Act 1977 ss.5, 13.
NSW G.281 of 1987 KANTHAL AUSTRALIA PTY LIMITED v THE MINISTER FOR INDUSTRY,
TECHNOLOGY AND COMMERCE & ANOR
Wilcox J Sydney 23 November 1987
myers
ae ne
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NSW G.281 of 1987 ) )
GENERAL DIVISION
BETWEEN: KANTHAL AUSTRALIA PTY LIMITED
Applicant
AND: THE MINISTER FOR INDUSTRY, TECHNOLOGY AND COMMERCE
First Respondent RAYMOND MCMAHON
Second Respondent
CORAM: WILCOX J PLACE: SYDNEY DATE: 23 NOVEMBER 1987
MINUTES OF ORDER
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