Amcor Ltd v Customs, Comptroller-General of, & Ors [1988] FCA 175

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Administrative Law ~ Application for a Tariff Concession Order for the admission of a paper making machine at a reduced rate of duty - application contested by a local manufacturer - application refused - whether the decision maker adequately considered if the local manufacturer was prepared in the normal course of business to accept orders for the supply of the particular goods - or if the particular goods were capable of being produced in Australia in the normal course of business - whether refusal involved an error of law.

Customs Act 1901. Administrative Decisions (Judicial Review) Act 1977. Customs and Excise Legislation Amendment Act 1986.

Davies Seats Pty. Ltd. v Comptroller General of Customs (1986) ALR ollowed.

Peacock v Zyfert (1983) 48 ALR 549 referred to. Rheem Australia Ltd. v Collector of Customs (NSW) (Full Court of the Federal Court, 11 March 1988, unreported) referred to.

Re Bradford Roofin Industries Pty. Ltd. (In Liquidation) (1966) GOWN (Pt. tty NSW) 276 referred to.

McDowell and Partners Pty. Ltd. v Button (1983) 50 ALR 647 followed. —_ oT

Commissioner for Railways (NSW) v Agalianos (1955) 92 CLR 390 referred to.

Metropolitan Bank of England and Wales Ltd. v H.H. Vivian & Co. Ltd. PISO] 2 Ch 654 referred to.

Saracen Shoe Co. Ltd. v Minister of Customs [1932] NZLR 765 referred to.

Words and phrases: "in the normal course of business";

"significant cross-elasticity of demand".

AMCOR LIMITED v COMPTROLLER-GENERAL OF CUSTOMS AND ORS. ACT G50 of 1987.

CORAM: DAVIES, MORLING, GUMMOW J. / PLACE: SYDNEY. DATE: 15 APRIL 1988.

IN THE FEDERAL COURT OF AUSTRALIA) AUSTRALIAN CAPITAL TERRITORY ) DISTRICT REGISTRY ) GENERAL DIVISION )

No. 50 of 1987

On appeal from a single Judge of the Federal Court of Australia