Australian Trade Commission v Hellay Laboratories Pty Ltd [2001] FCA 79

FEDERAL COURT OF AUSTRALIA

Australian Trade Commission v Hellay Laboratories Pty Ltd

[2001] FCA 79

ADMINISTRATIVE LAW – application for review of decision of Administrative Appeals Tribunal – whether Tribunal erred in construction of the phrase "activity of engaging as a consultant on a short-term basis". WORDS & PHRASES: "Short-term basis" Export Market Development Grants Act 1997 (Cth), ss 3,29,33,37

Re Dinnet Holdings Pty Ltd and Australian Trade Commission (1998) 28 AAR 185, approved. Re Robert Andrew Gordon Pottery Pty Ltd and Australian Trade Commission (1999) 55 ALD 551, approved. AUSTRALIAN TRADE COMMISSION v HELLAY LABORATORIES PTY LTD V544 of 2000 NORTH J 16 FEBRUARY 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 544 OF 2000

BETWEEN: AUSTRALIAN TRADE COMMISSION

APPLICANT

AND: HELLAY LABORATORIES PTY LTD

RESPONDENT

JUDGE: NORTH J

DATE OF ORDER: 16 FEBRUARY 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The appellant is to pay the respondent's costs of and incidental to the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 544 OF 2000

BETWEEN: AUSTRALIAN TRADE COMMISSION

APPLICANT

AND: HELLAY LABORATORIES PTY LTD

RESPONDENT

JUDGE: NORTH J

DATE: 16 FEBRUARY 2001

PLACE: MELBOURNE

REASONS FOR JUDGMENT

INTRODUCTION 1 This is an appeal brought by the Australian Trade Commission (ATC) against a decision made by the Administrative Appeals Tribunal (the Tribunal) on 29 June 2000. 2 The application is brought under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth), which allows a party to a proceeding in the Tribunal to "appeal to the Federal Court of Australia, on a question of law, from any decision of the Tribunal in that proceeding." 3 The respondent, Hellay Laboratories Pty Ltd (Hellay), lodged a claim for a grant under the Export Market Development Grants Act 1997 (Cth) (the Act) for the 1996-97 grant year. The Tribunal found that consultancy fees of $79,452.00 paid by Hellay to a marketing consultant, Austprom International Pty Ltd (Austprom) were eligible expenses under Part 5 of the Act. The central issue on which the decision rested was whether, as the Tribunal found, Hellay undertook the activity of engaging Austprom on a short-term basis. 4 In consequence of this conclusion the Tribunal set aside the decision of the delegate of ATC which was under review and substituted that decision with a decision that the consultancy fees were eligible expenses for the purpose of a grant for the 1996-97 grant year.