Vredelco Food Industries Pte Ltd v. Anti-Dumping Authority & Ors [1994] FCA 883

JUDGMENT No... 883.4,.9

CATCHWORDS

ADMINISTRATIVE LAW - Judicial review - Report by Anti-Dumping Authority in relation to alleged dumping of goods exported from Singapore - Report prepared on Authority's own initiative - Recommendation that dumping duty notice issue - Whether recommendation amounts to a decision reviewable under Administrative Decisions (Judicial Review) Act 1977 (Cth)

CUSTOMS - Dumping duty - Goods exported to Australia from Singapore - Determination of normal values - Whether Minister entitled to be satisfied that sufficient information not available to ascertain normal values under. particular statutory provisions - Whether Minister failed to take into account relevant considerations or took into account irrelevant considerations - Whether Minister's decision s0 unreasonable that no reasonable person would have made it - Whether normal values determined by the Minister' so unreasonable that no reasonable person could have determined those amounts - Whether dumping duty notice might be expressed to apply to all goods exported from Singapore rather than goods exported by a particular exporter - Whether determination that material injury to the Australian industry was caused or threatened by exports from Singapore at dumped prices was so unreasonable that no reasonable person could have arrived at it - Whether Minister bound to take into

account possible effects of economic recession during period under review

Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5 Customs Act 1901 (Cth), ss 269TAC(2)(c) and (6), 269TP Anti-Dumping Authority Act 1988 (Cth), s 9(2)

Ross v Costigan (1982) 41 ALR 319 applied

Edelsten v Health Insurance Commission (1990) 27 FCR 56 applied

Excell v Harris (1983) 51 ALR 137 applied

Enichem Anic Srl v Anti-Dumping Authority (1992) 39 FCR 458 applied