Federal Court of Australia
yUDGMENT No. 679/ S.2Z.
CATCHWORDS
ADMINISTRATIVE LAW - Customs - 1988 Global Tender Quota Scheme ~ scheme for calling for and dealing with tenders for right to enter goods for home consumption at concessional rate of duty - Registrar extended time for lodgment of securities under Scheme - no express power to extend under Scheme - whether departure from Scheme will invalidate decision - whether Scheme is a guide only or has the status of law - failure to take a relevant consideration into account - misinterpretation of non-statutory rules - improper purpose - breach of natural justice - legitimate expectation - procedural fairness
Customs Act 1901 (Cth) ss.42, 266, 267, 268, 273
Customs Securities (Penalties) Act 1981 (Cth) s.4 Customs Undertakings (Penalties) Act 1981 (Cth) s.4 Administrative Decisions (Judicial Review) Act 1977 (Cth)
GERAH IMPORTS PTY LIMITED v. MINISTER FOR INDUSTRY, TECHNOLOGY AND COMMERCE & ORS G562 of 1987
Davies J 11 December 1987 Sydney
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
CORAM:
DATE:
PLACE:
Davies J. 11 December 1987
Sydney
BETWEEN:
No. G562 of 1987
GERAH IMPORTS PTY LIMITED
AND:
AND
AND
AND
AND
AND:
Applicant
MINISTER FOR INDUSTRY, TECHNOLOGY AND COMMERCE & ORS
First Respondent
J.M. CHESWORTH
Second Respondent
BENTOOMA PTY LIMITED
Third Respondent
KEEWAR PTY LIMITED
Fourth Respondent
TEXTILE INDUSTRIES AUSTRALIA PTY LIMITED
Fifth Respondent
KATIES FASHIONS (AUST) PTY LIMITED
Sixth Respondent
WEAVERS MENSWEAR PTY LIMITED
Seventh Respondent
CHERRY LANE PTY LIMITED
AND:
Eighth Respondent
LOWES-MANHATTAN PTY LIMITED
Ninth Respondent
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The applicant pay the costs of the respondents. NOTE: Settlement and entry of orders 1s dealt with in
Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
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