Rocklea Spinning Mills P/L v. The Anti-Dumping Authority & Anor [1994] FCA 726

JUDGMENT No. wale ap Ot,

CATCHWOROD S$

CUSTOMS AND EXCISE - application for imposition of countervailing duty - what constitutes countervailable subsidy

Anti-Dumping Authority Act 1988 Customs Act 1901 (Cth), S269TJ(1), "other financial

assistance"

D & R Henderson (Mfg) Pty Ltd v Collector of Customs for the State of New South Wales (1974) 48 ALJR 132

Atlas Air Australia Pty Ltd v Anti-Dumping Authority (1990) 26 FCR 456

Swan Portland Cement Ltd v Minister for Small Business and Customs (1991) 28 FCR 135

Chu Khen im v Ministe or Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1

IcIl Australia Operations Pty Ltd v Frazer (1992) 34 FCR 564 EEC Seed Crushers' and Oil Processors' Federation v_ Commission of the European Communities (1988) ECR 4155

The Vacuum Oil Company Pty Ltd v The State of Queensland (1934) 51 CLR 18

Seamen's Union of Australia and Utah Development Co (1978) 144 CLR 120 , . .

The Squatting Investment Company Ltd v Federal Commissioner of Taxation (1953) 86 CLR 571

Reckitt & Colman Pty Ltd v Federal Commissioner of Taxation (1974) 3 ALR 381

Cachia v Haynes (1994) 120 ALR 385

No. NG 800 of 1993 ROCKLE, SPINNING MILLS PTY LIMITED v THE ANTI-DUMPING AUTHORITY and anor MOORE J SYDNEY

12 OCTOBER 1994

FEDERAL COURT OF

AUSTRALIA PRINCIPAL REGISTRY

IN THE FEDERAL COURT OF AUSTRALIA

NEW _ SOUTH WALES DISTRI EGISTRY

GENERAL DIVISION

No.

NG 800 of 1993

BETWEEN: ROCKLEA SPINNING MILLS PTY LIMITED

Applicant

THE ANTI-DUMPING AUTHORITY

First Respondent

D J FRASER

Second Respondent

AND: JUDGE: Moore J PLACE: sydney DATE: 12 October 1994

ORDER OF THE COURT

THE COURT ORDERS THAT:

1. The application is dismissed.

2. The costs of the application are liberty to apply on 7 days notice.

NOTE: Settlement and entry of orders is Order 36 of the Federal Court Rules.

reserved with

dealt with

in

IN THE FEDERAL COURT OF AUSTRALIA