Federal Court of Australia
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JUDGMENT Wo... J1...W8B.,
CATCHWORDS
APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL ~ Customs Tariff - classification of goods - power take-off shafts - whether goods are accessories for tractors - whether Tribunal adopted wrong test ~- whether Tribunal took account of an
immaterial consideration — whether error of law material.
Administrative Appeals Tribunal Act 1975 (Cth) s.44 Customs Tariff Act I982 (Cth), Schedule 3.
WALTERSCHEID AUSTRALIA PTY LTD v. COLLECTOR OF CUSTOMS NO. NSW G3 ° 9
Davies Jd. 5 February 1988 Sydney
LA ty s
ji? RECEIVED ° Tl ~SFEB i988
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IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G351 of 1987
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GENERAL DIVISION
ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: WALTERSCHEID AUSTRALIA PTY LTD
Applicant
AND: COLLECTOR OF CUSTOMS
Respondent
CORAM: Davies J. DATE: 5 February 1988 PLACE: Sydney.
MINUTES OF ORDER THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The decision under appeal be set aside and the matter
remitted to the Administrative Appeals Tribunal to be heard and decided again either with or without the hearing of further evidence.
3. The respondent pay the costs of the appeal.
NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
REASONS FOR JUDGMENT
A te rece - we set aio
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G351 of 1987
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GENERAL DIVISION
ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE
ADMINISTRATIVE APPEALS TRIBUNAL a
BETWEEN: WALTERSCHEID AUSTRALIA PTY
LTD : Applicant 7 AND: COLLECTOR OF CUSTOMS Respondent
CORAM: Davies J.
DATE: 5 February 1988 i '
PLACE: Sydney. -
REASONS FOR JUDGMENT
This is an appeal from a decision of the Administrative Appeals Tribunal which affirmed a decision of the Collector of Customs with respect to the classification of goods imported by the applicant. Under s.44 of the Administrative Appeals Tribunal Act 1975 (Cth), the appeal
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