Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CUSTOMS AND EXCISE – imposition of anti-dumping duty – alleged failure to follow statutory procedure – whether Minister considered whether material injury was being caused or threatened to the Australian industry prior to making declarations. Acts Interpretation Act 1901 (Cth) s 33(1) Administrative Decisions (Judicial Review) Act 1977 (Cth) s 13 Anti-Dumping Authority Act 1988 (Cth) s 7 Customs Act 1901 (Cth) ss 269T, 269TAB, 269TAC, 269TACA, 269TAE, 269TB, 269TC, 269TD, 269TG, 269Z, 269ZC Customs Tariff (Anti Dumping Act) 1975 (Cth) s 8
Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, cited ICI Australia Operations Pty Ltd v Fraser (1992) 34 FCR 564, cited Minister for Small Business, Construction & Customs v La Doria Di Diodata Ferraiolli SPA (1994) 33 ALD 35, cited
SPP NEMO S.A. COMERCIAL EXPORTADORA v MINISTER OF STATE FOR SMALL BUSINESS AND CONSUMER AFFAIRS No ACT AG 13 of 1998 JUDGES: DRUMMOND, NORTH and MANSFIELD JJ DATE: 15 DECEMBER 1998 PLACE: CANBERRA
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY ACT AG 13 of 1998
DISTRICT REGISTRY
On appeal from his Honour Justice Finn of the Federal Court of Australia BETWEEN SPP NEMO S.A. COMERCIAL EXPORTADORA
First Applicant
RIPASA S.A. CELULOSE E PAPEL
Second Applicant
CHAMPION PAPEL E CELULOSE LTDA
Third Applicant
AND: MINISTER OF STATE FOR SMALL BUSINESS AND CONSUMER AFFAIRS
Respondent
JUDGE(S): DRUMMOND, NORTH and mansfield JJ
DATE OF ORDER: 15 DECEMBER 1998
WHERE MADE: CANBERRA
THE COURT ORDERS THAT: 1. The appeal is allowed. 2. The orders made by Finn J on 19 December 1997 are set aside. 3. There be no order as to the costs of the trial before Finn J. 4. The decisions of the respondent in relation to the appellants, including the decisions made on 18 December 1996 to publish declarations under s 269TG (2) of the Customs Act 1901 in respect of the appellants, are set aside. 5. The matters to which the respondent's said decisions relate are referred to the respondent to be further considered in accordance with law. 6. The respondent pay the appellants' costs of the appeal.
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