Rocklea Spinning Mills Pty Ltd v The Anti-Dumping Authority & Anor [1995] FCA 210

CATCHWORDS ADMINISTRATIVE LAW - appeal from decision on application for review of decision by Anti-Dumping Authority. CUSTOMS - whether apparent cotton policy of Pakistani government amounts to a "subsidy, bounty, reduction or remission of freight or other financial assistance" within the meaning of s 269TJ(1) Customs Act 1901 (Cth) - whether expression "subsidy, bounty, reduction or remission of freight or other financial assistance" requires that the class of assistance must result from the expenditure or foregoing of revenue by the Government of the exporting country - meaning of "prescribed assistance" (s 269TJ(5), (7)) - whether s 269TJ(10) is an extension of the term "paid" only or to the term "financial assistance" as well - meaning of "bounty". PUBLIC INTERNATIONAL LAW - whether international agreements and codes to which Australia is a signatory may be referred to in interpreting municipal law dealing with same subject matter - whether, in examining municipal legislation which is intended to implement international agreements, weight should be given to the construction the international community would attribute to the relevant instrument or concept - principles discussed. PRACTICE and PROCEDURE - whether desirable to isolate preliminary questions of law when factual foundation for determination of such question not resolved. Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Anti-Dumping Authority Act 1988 (Cth) Customs Act 1901 (Cth) s 269TB, 269TJ, 269TAG(1) Customs Tariff (Anti-Dumping) Act 1975 (Cth) s 10 General Agreement on Tariffs and Trade Art VI,XVI Countervailing Code Art 1,7,9 Re Application of the News Corp Ltd (1987) 15 FCR 227 Vacuum Oil Co Pty Ltd v Queensland (1934) 51 CLR 108 Seamens's Union of Australia v Utah Development Co (1978) 144 CLR 120 Atlas Air Australia Pty Ltd v The Anti-Dumping Authority (1990) 26 FCR 456 ICI Australia Operations Pty Ltd v Fraser (1992) 34 FCR 564 Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1 EEC Seed Crushers' and Oil Processors' Federation (Fediol) v Commission of the European Communities (1988) ECR 4155 EEC Seed Crushers' and Oil Processors' Federation (Fediol) v Commission of the European Communities (1988) ECR 4193 Queensland v The Commonwealth (1989) 167 CLR 232 Tilling v Whiteman [1980] AC 1 Nissan v Attorney General [1970] AC 179 ROCKLEA SPINNING MILLS PTY LIMITED (ACN 000 070 824) v THE ANTI-DUMPING AUTHORITY and D J FRASER No NG 751 of 1994 Spender, Einfeld and Tamberlin JJ Sydney, 6 April 1995