Federal Court of Australia
CATCHWORDS
ADMINISTRATIVE LAW - Claim for export market development grant - Statutory requirement for receipt of claim by specified date - Finding that claim duly posted in time for delivery by specified date - Claim not returned undelivered - No acceptable evidence as to non-receipt - Whether presumption of
due delivery available.
EVIDENCE - Presumption of due delivery of posted document.
Export Market Development Grants Act 1974 s.13
NSW G.319 of 1987 AUSTRALIAN TRADE COMMISSION v SOLAREX PTY LIMITED
Neaves, Beaumont and Wilcox JJ Sydney 1 December 1987
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IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. NSW G.319 of 1987
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GENERAL DIVISION
On appeal from the General Administrative Division of the Administrative Appeals Tribunal
BETWEEN: AUSTRALIAN TRADE COMMISSION
Applicant
AND: SOLAREX PTY LIMITED
Respondent CORAM: NEAVES, BEAUMONT and WILCOX JJ PLACE: SYDNEY DATE: 1 DECEMBER 1987
MINUTES OF ORDER
THE COURT ORDERS THAT:
le The appeal be dismissed.
2. The applicant pay to the respondent its costs of the appeal.
Note: Settlement and entry of orders 1s dealt with in Order
36 of the Federal Court Rules,
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G 319 of 1987
GENERAL DIVISION
ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN : AUSTRALIAN TRADE COMMISSION Applicant AND: SOLAREX PTY LIMITED Respondent
CORAM: Neaves, Beaumont and Wilcox JJ. DATE: 1 December 1987
REASONS FOR JUDGMENT
NEAVES J.
This 18 an application by the Australian Trade Commission ("the Commission") by way of appeal from a decision of the General Administrative Division of the Administrative Appeals Tribunal given on 16 June 1987. By that decision, the Tribunal, by majority, set aside a decision of the Commission under the Export Market Development Grants Act 1974 (Cth) ("the Export Grants Act") refusing to determine whether Solarex Pty Limited ("the company") had an entitlement to a grant under that Act in respect of the period (called a "grant year") which commenced on 1 July 1984 and ended on 19 May 1985. The
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