TJM Products Pty Ltd v The Industry Research & Development Board [1998] FCA 582

FEDERAL COURT OF AUSTRALIA ADMINISTRATIVE LAW - judicial review - failure by Industry Research and Development Board to register applicant for tax concession for financial years 1986-1993 - where prior to processing of applications for concession government announced retrospective legislation would be passed preventing registration of applications not registered by 6 December 1995 - obiter observations as to whether nunc pro tunc orders appropriate and scope of injunctive power under s 16(1)(d) Administrative Decisions (Judicial Review) Act 1977 Administrative Decisions (Judicial Review) Act 1977 s 16(1)(d) Industry Research and Development Amendment Act 1996 (Cth) s 2(2), (3) and (4) Industry Research and Development Act 1986 (Cth) s 39J Emanuele v Australian Securities Commission (1997) 71 ALJR 717 - cited Guss v Veen-Huizen [No 2] (1976) 136 CLR 47 - cited Clyne v Deputy Commissioner of Taxation (1984) 154 CLR 589 - followed Minister for Immigration and Ethnic Affairs v Conyngham (1986) 11 FCR 528 - considered Bond Corporation Holdings Ltd v Australian Broadcasting Tribunal (1988) 84 ALR 669 - cited Boral Windows v Industry Research and Development Board (6 May 1998, unreported) - considered TJM PRODUCTS PTY LTD V THE INDUSTRY RESEARCH AND DEVELOPMENT BOARD NO QG 71 of 1996

SPENDER J BRISBANE 26 MAY 1998

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 71 of 1996

BETWEEN: T J M PRODUCTS PTY LTD ACN 009 887 325

Applicant

AND: THE INDUSTRY RESEARCH AND DEVELOPMENT BOARD

Respondent

JUDGE: SPENDER J

DATE OF ORDER: 26 MAY 1998

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The principal proceedings be dismissed. 2. The respondent pay the applicant's costs on a party and party basis up until 8 November 1996, and the applicant pay the respondent's costs on a party and party basis subsequent to 8 November 1996. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.