Merman Pty Ltd v Comptroller-General of Customs & Ors [1988] FCA 326

NUDGMENT No. 22.82.) Bin

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

LIMITED DISTRIBUTION

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No. WAG 65 of 1988 BETWEEN MERMAN PTY LTD Applicant and COMPTROLLER-GENERAL OF CUSTOMS First Respondent and THE HONOURABLE MINISTER FOR SCIENCE, CUSTOMS AND SMALL BUSINESS Second Respondent and SWAN PORTLAND CEMENT LIMITED Third Respondent and

COCKBURN CEMENT LIMITED

Fourth Respondent

CORAM: LEE J. 28 June 1988

REASONS FOR JUDGMENT

This is a decision on motions by the first and second respondents and the fourth respondent, heard concurrently, seeking extension of the time within which they may file notices of

objection to competency of the application.

2.

Pursuant to 0O.54A £.3(2) of the Federal Court Rules ("the Rules") the application is a composite application seeking orders under ss.5 and 6 of the Administrative Decisions (Judicial

Review) Act 1977 and s.39B of the Judiciary Act 1903.

The applicant seeks orders relating to decisions, and/or conduct engaged in for the purpose of making a decision, under the Customs Tariff (Anti-Dumping) Act 1975 ("the Act") and the Agreement on Implementation of Art.VI of the General Agreement on

Tariffs and Trade.

In short the applicant contends that a notice issued by the first respondent on 2 March 1988 initiating a formal inquiry into whether dumping duties should be imposed upon cement clinker imported from the Republic of Korea by the applicant, and, thereafter proceeding with the inquiry, were decisions, or conduct leading to a decision, subject to review under the Administrative Decisions (Judicial Review) Act 1977 as involving errors of law. In addition, the applicant seeks relief from the Court in respect of the same conduct pursuant to s.39B of the Judiciary Act 1903 which reposes original jurisdiction in the Federal Court with respect to any matter in which a writ of mandamus or prohibition