Australian Trade Commission v F & F Asia Pty Ltd [1996] FCA 772

C A T C H W O R D S ADMINISTRATIVE LAW - Export market development grants - expenses of agent for overseas market research, advertising or publicity - whether such expenses must be for claimant's present business - "eligible services" - "management consultancy services" - "know- how" - "eligible know-how" - whether provision of management consultancy services may also constitute disposal of eligible know-how - expenditure incurred to fulfil contractual obligations under agreement for services - whether expenditure was incurred primarily and principally to increase return on such disposal - ownership of "know-how" - whether mere contractual right to require person owning such know-how to supply it to a third person constitutes ownership of the know-how. Export Market Development Grants Act 1974 (Cth) ss.3(1), 11A, 11C(1),(2), 11Z(5), (8),(9),(10), 11ZE Parker Pen (Aust) Pty Ltd v. Export Development Grants Board (1983) 46 ALR 612 Export Development Grants Board v. Geoffrey Thompson & Growers Co-operative Co Pty Ltd (1985) 6 AAR 276 Kuswardana v. Minister for Immigration & Ethnic Affairs (1981) 35 ALR 186 Hospital Benefit Fund of Western Australia Inc v. Minister for Health, Housing and Community Services (1992) 111 ALR 1 Minister for Immigration v. Wu Shan Liang (1996) 136 ALR 481 AUSTRALIAN TRADE COMMISSION v. F & F ASIA PTY LTD No. WAG 70 of 1996 CARR J PERTH 29 AUGUST 1996

IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) No. WAG 70 of 1996 GENERAL DIVISION ) B E T W E E N : AUSTRALIAN TRADE COMMISSION Applicant - and - F & F ASIA PTY LTD Respondent - and - F & F ASIA PTY LTD Cross-Applicant - and - AUSTRALIAN TRADE COMMISSION Cross-Respondent CORAM: CARR J. PLACE: PERTH DATE: 29 AUGUST 1996 MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The decision of the Administrative Appeals Tribunal of 3 May 1996 setting aside the applicant's decision of 4 October 1995, be set aside. 2. The matter be remitted to the Administrative Appeals Tribunal to be decided again either with or without the hearing of further evidence as the Tribunal may determine. 3. There be no order as to costs of the appeal or the cross-appeal. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.