Federal Court of Australia
Wor NUDGMENT No. Be 1e—
CATCHWORDS
TRADE PRACTICES - Judicial Review — Federal Consumer Affairs Minister's notification of proposal to declare smokeless tobacco products and snuffs unsafe ~- carcinogenic and other medical and pathological
consequences - application for judicial review and interlocutory injunction to stay conference held by Trade Practices Commission on request of applicant - whether serious questions to be tried - "decision" or "conduct" within meaning of Judicial Review Act — balance of convenience - injury to the public.
Trade Practices Act 1974 - ss 65C, 65J, 65K, 65L, 65P
Administrative Decisions (Judicial Revew) Act 1977: ss 3(1), 5, 6
United States Tobacco Company - v -— Applicant
The Minister for Consumer Affairs First Respondent
Trade Practices Commission Second Respondent
G 158 of 1988
CORAM: Einfeld J.
DATE: 28 March 1988 PLACE: Sydney
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION No. G 158 of 1988
ee ee ee ee
NEW SOUTH WALES DISTRICT REGISTRY
Between: UNITED STATES TOBACCO COMPANY Applicant . And: THE MINISTER FOR CONSUMER AFFAIRS
First Respondent
THE TRADE PRACTICES COMMISSION
Second Respondent
CORAM: Etinfeld J.
DATE: 28 March 1988
PLACE: Sydney
MINUTE OF ORDERS
1. Notice of Motion is dismissed
2. Costs reserved.
NOTE: Settlement and entry of orders are dealt with in Order 36 of the
Federal Court Rules.
IN THE FEDERAI COURT OF AUSTRALIA ) GENERAL DIVISION No. G 158 of 1988 NEW SOUTH WALES DISTRICT REGISTRY Between: UNITED STATES TOBACCO COMPANY Applicant And: THE MINISTER FOR CONSUMER AFFAIRS
First Respondent
THE TRADE PRACTICES COMMISSION
Second Respondent
CORAM: Einfeld J.
DATE: 28 March 1988
PLACE: Sydney
REASONS FOR JUDGMENT
On 13 January 1988, the Federal Minister for Consumer Affairs
(the
Minister) gave notification in the Gazette (the notification), pursuant
to section 65J(1) of the Trade Practices Act 1974 (the Act) that he was
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