Theo Holdings Pty Ltd v Hockey [2000] FCA 665

FEDERAL COURT OF AUSTRALIA

Theo Holdings Pty Ltd v Hockey [2000] FCA 665

TRADE PRACTICES – compulsory product recall notice – whether Minister authorized to issue recall notice – meaning of "goods" in Trade Practices Act – whether ordinary meaning preserved – whether installed fire doors are "goods" – time at which subject matter of recall notice must be capable of definition as "goods" – whether goods intended, or of a kind likely, to be used by a consumer – meaning of "consumer"

ADMINISTRATIVE LAW – natural justice – procedural fairness – obligation of Minister to disclose documents in Minister's possession at time of decision – not all documents disclosed – no new issues raised by undisclosed documents - whether decision invalid – documents considered by ACCC in making recommendations to Minister – duty under Trade Practices Act to disclose – consequences of failure to observe statutory procedures Trade Practices Act 1974 (Cth) ss 4, 4B, 65F, 65G, 65H, 65J, 65K, 65P Administrative Decisions (Judicial Review) Act 1977 (Cth) paras 5(1)(a), (1)(b), (1)(c), (1)(d), (1)(f) ASX Operations Pty Ltd & Anor v Pont Data Australia Pty Ltd (No 1) (1990) 27 FCR 460 Clarke v New Concept Import Services Pty Ltd (1981) 3 ATPR 40-264 Kioa v West (1985) 159 CLR 550 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Queensland v Wyvill (1989) 25 FCR 512 Attorney-General (Cth) v Queensland (1990) 25 FCR 79 Attorney-General (NT) v Minister for Aboriginal Affairs (1989) 23 FCR 536 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1993) 127 ALR 699 THEO HOLDINGS PTY LTD AND BAROK INDUSTRIES PTY LTD v JOSEPH BENEDICT HOCKEY AND AUSTRALIAN COMPETITION AND CONSUMER COMMISSION Q 144 OF 1999 AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v THEO HOLDINGS PTY LTD AND BAROK INDUSTRIES PTY LTD Q 192 OF 1999 DOWSETT J 22 MAY 2000 BRISBANE