Seguin Moreau, Australia v Chief Executive Officer of the Australian Customs Service & Ors [1997] FCA 776

FEDERAL COURT OF AUSTRALIA ADMINISTRATIVE LAW - Administrative Appeals Tribunal decision affirming respondent's decision to refuse applicant's application for a tariff concession order for imported French oak barrels for maturation of wine - whether Tribunal incorrectly interpreted Customs Act 1901 (Cth), s 269C(b) - whether evidence to support Tribunal's decision - whether decision was Wednesbury unreasonable - whether irrelevant considerations were taken into account - whether inadequate reasons were given for the Tribunal's conclusions. WORDS AND PHRASES - "the market for the substitutable goods" - "substitutable goods" - Customs Act 1901 (Cth), ss 269B(1) and 269C(b). Administrative Appeals Tribunal Act 1975 (Cth) - ss 43(2B), 44 Customs Act 1901 (Cth) - ss 269C, 269P Trade Practices Act 1974 (Cth) - s 4E In re Tooth & Co Ltd; In re Tooheys Ltd (1979) ATPR 40-113 Trade Practices Commission v Australian Meat Holdings Pty Ltd (1988) ATPR 40-876 Queensland Wire Industries Pty Ltd v BHP Ltd (1988) 167 CLR 177 Collins v Minister for Immigration and Ethnic Affairs (1981) 36 ALR 598 Tabag v Minister for Immigration and Ethnic Affairs (1982) 45 ALR 705 SEGUIN MOREAU, AUSTRALIA v CHIEF EXECUTIVE OFFICER OF THE AUSTRALIAN CUSTOMS SERVICE & ORS VG 82 OF 1996 DRUMMOND J BRISBANE 14 AUGUST 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) VG 82 of 1996 ) GENERAL DIVISION )

BETWEEN: SEGUIN MOREAU, AUSTRALIA

Applicant

AND: CHIEF EXECUTIVE OFFICER OF THE AUSTRALIAN CUSTOMS SERVICE

Respondent

A P JOHN & SONS PTY LTD and C A SCHAHINGER PTY LTD

Parties Joined

JUDGE: DRUMMOND J PLACE: BRISBANE DATED: 14 AUGUST 1997

MINUTES OF ORDER