Kanthal Australia Pty Ltd v Minister for Industry, Technology & Commerce [1987] FCA 766

v Li —

* JUDGMENT Mo 766 7. S72.

. CATCHWORDS

we ADMINISTRATIVE LAW - Judicial Review - Customs - Anti-Dumping Act - operation of sub-ss.5(1) and (5) - determination of the Normal value of the goods - "the price paid ... in the country

w® of export" - domestic price lists published by the exporter

soe from time to time - determination based on 1983 price list - adjustment of the price paid in the country of export - prices paid in Sweden varied according to the discount given on the list price - discount calculated by reference to quantity of sales not level of trade - disallowance of adjustments claimed

on in respect of packing and other items.

Judicial Review - Claim made under Judicial Review Act, s.6, in relation to action of Minister after lodging of original application and after request to Minister to revoke Dumping Notice.

Judicial Review - whether appropriate order is order quashing a decision or order setting aside decision.

WORDS AND PHRASES - "quash"

Customs Tariff (Anti-Dumping) Act 1975 (Cth), ss.5, 8, 20 Administrative Decisions (Judicial Review) Act 1977 (Cth),

88.5, 6, 16.

KANTHAL AUSTRALIA PTY LIMITED v. MINISTER FOR INDUSTRY, . TECHNOLOGY AND COMMERCE Nos. G259 of 1986 and G564 of 1987

'+s Davies J. 23 December 1987 Sydney

— "8

2 esiven 0 i 39 JANIS23 O° \_\ |BRDBRAL GOURT OR (0 AMBTRALIA NRO

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

Nos. G259 of 1986

GENERAL DIVISION

CORAM:

DATE:

PLACE:

and G564 of 1987

BETWEEN: KANTHAL AUSTRALIA PTY LIMITED

Applicant

AND: MINISTER FOR INDUSTRY, TECHNOLOGY AND COMMERCE

Respondent

Davies J. 23 December 1987 Sydney

MINUTES OF ORDER

The Court declares that the declaration under s.8(2) of the Customs Tariff (Anti-Dumping) Act 1975 made by the respondent in respect to the goods which are the subject of Dumping Report No. 107 on 8 May 1985 and