ACI Operations Pty Ltd & Anor v Commonwealth of Australia [1995] FCA 1124

C A T C H W O R D S CUSTOMS - Commercial tariff concession order - Duty refunded on day when CTCO was made but without interest - Whether Commonwealth is liable to pay interest on duty paid by an importer prior to the making of a CTCO which is repaid immediately the CTCO is made - Whether a claim lies under s.51A of Federal Court of Australia Act 1976 - Whether law of restitution applies. Customs Act 1901, ss.163, 167, 269C, 269G, 269M and 269N. Federal Court of Australia Act 1976, s.51A NO. NG.598 of 1994 ACI OPERATIONS PTY LIMITED (ACN 004 230 236) v COMMONWEALTH OF AUSTRALIA NO. NG.597 of 1994 SCI OPERATIONS PTY LIMITED (ACN 005 775 011) v COMMONWEALTH OF AUSTRALIA CORAM: WILCOX J PLACE: SYDNEY DATE: 20 DECEMBER 1995

IN THE FEDERAL COURT OF AUSTRALIA ) ) No. NG.598 of 1994 NEW SOUTH WALES DISTRICT REGISTRY ) ) GENERAL DIVISION ) BETWEEN: ACI OPERATIONS PTY LIMITED ACN 004 230 236 Applicant

AND: COMMONWEALTH OF AUSTRALIA Respondent CORAM: WILCOX J PLACE: SYDNEY DATE: 20 DECEMBER 1995

MINUTES OF ORDER THE COURT ORDERS THAT:

1. The Application be dismissed. 2. The applicant pay the costs of the proceeding incurred by the respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) No. NG.597 of 1994 NEW SOUTH WALES DISTRICT REGISTRY ) ) GENERAL DIVISION ) BETWEEN: SCI OPERATIONS PTY LIMITED ACN 005 775 011 Applicant

AND: COMMONWEALTH OF AUSTRALIA Respondent CORAM: WILCOX J PLACE: SYDNEY DATE: 20 DECEMBER 1995

MINUTES OF ORDER THE COURT ORDERS THAT: