Angus Fire Armour Australia Pty Ltd v The Collector of Customs (NSW) [1987] FCA 737

JUDGMENT No. 737 [en

CATCHWORDS

ADMINISTRATIVE LAW - Administrative Appeals Tribunal -

whether an application delivered by post and

returned by

District Registrar of Tribunal because not accompanied by the

required filing fee has nevertheless been validly made within

relevant limitation period.

PRACTICE AND PROCEDURE - whether application is validly made

even though required filing fee is not proffered.

Administrative Appeals Tribunal Regulations, regs. 19 and 20 Customs Act 1901 ss.167 and 273GA

ANGUS FIRE ARMOUR AUSTRALIA PTY LTD v THE COLLECTOR OF CUSTOMS (NSW)

No. VG 242 of 1987

ae Jit me s . era Woodward J. je) & Bite 23 December 1987 Lu © 2 Melbourne ic ;

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IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY No. VG 242 of 1987

GENERAL DIVISION

ON APPEAL FROM THE GENERAL ADMINISTRATIVE

DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:

ANGUS FIRE ARMOUR AUSTRALIA PTY LTD Applicant

and

THE COLLECTOR OF CUSTOMS (NSW) Respondent

MINUTES OF ORDER

COURT: Woodward J.

DATE: 23 December 1987

PLACE: Melbourne

THE COURT ORDERS THAT: 1. The appeal be dismissed.

2. The applicant pay the respondent's costs.

(NOTE: Settlement and entry of orders is dealt with in 0.36 of the Federal Court Rules.)

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY No. VG 242 of 1987

wwe ew we

GENERAL DIVISION

ON APPEAL FROM THE GENERAL ADMINISTRATIVE

DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: ANGUS FIRE ARMOUR AUSTRALIA PTY LTD Applicant and THE COLLECTOR OF CUSTOMS (NSW) Respondent COURT: Woodward J. DATE: 23 December 1987 PLACE: Melbourne REASONS FOR JUDGMENT This appeal raises one very short but quite important issue - whether an application to the

Administrative Appeals Tribunal ('the Tribunal') which was sent by post without the required filing fee and was returned by the fTribunal's District Registrar was, nevertheless,