Federal Court of Australia
JUDGMENT No. 20% SE. CATCHWORDS
CUSTOMS AND EXCISE - customs tariff - programmable controllers - construction of Schedule 3 - use of term in various
industries - whether trade meaning established - use of extrinsic material to ascertain ordinary meaning - appropriate relief in Federal Court.
HR_ Products Pty Ltd v Collector of Customs (1990) 20 A.L.D.Austra Ltd v Collector of Customs (Full
Court, 14 May 1992, unreported)
v Comptroller-General of Customs (1991) 32 F.C.R. 112
Agfa-Gevaert Ltd v Collector of Customs (Full Court, 16 September 1994, unreported)
Ei TY Dp! MITED v
COLLECTOR OF CUSTOMS No. NG962 of 1993
20 SEP 1994 BEFORE: GUMMOW J. FEDERAL COURT OF PLACE: SYDNEY. AUSTRALIA
DATE: 20 SEPTEMBER 1994.
IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NG962 of 1993
GENERAL DIVISION )
On appeal from the General Administrative Division of
the Administrative Appeals Tribunal constituted by Messrs M.D. Allen (Senior Member), D.D. Coffey and I.R. Way.
BETWEEN: RITY PRODUCT Applicant
AND: COLLECTOR OF CUSTOMS Respondent
BEFORE: GUMMOW J. PLACE: SYDNEY. DATE: 20 SEPTEMBER 1994.
MINUTE OF ORDERS
THE COURT ORDERS THAT: (1) The decision of the Administrative Appeals Tribunal dated
8 November 1993 be set aside.
(2) The matter be remitted to the Administrative Appeals Tribunal to be heard and determined according to law and conformably with the reasons for judgment of this Court.
(3) The respondent pay the costs of the applicant.
Note: Settlement and entry of Orders is dealt with by Order 36
of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NG962 of 1993
GENERAL DIVISION )
On appeal from the General Administrative Division of the Administrative Appeals Tribunal constituted by Messrs M.D. Allen (Senior Member), D.D. Coffey and I.R. Way.
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