Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Trade Commission v Hellay Laboratories Pty Ltd [2001] FCA 1436
ADMINISTRATIVE LAW – Export market development grants – Application for grant in respect of the activity of engaging a consultant on a short term basis – Meaning and application in this context of the words "short term basis". Export Market Development Grants Act 1997, s 33 AUSTRALIAN TRADE COMMISSION v HELLAY LABORATORIES PTY LTD V 172 of 2001 WILCOX, von DOUSSA and FINKELSTEIN JJ 18 OCTOBER 2001 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIAN DISTRICT REGISTRY V 172 of 2001
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: AUSTRALIAN TRADE COMMISSION
APPELLANT
AND: HELLAY LABORATORIES PTY LTD
RESPONDENT
JUDGES: WILCOX, von DOUSSA and FINKELSTEIN JJ
DATE OF ORDER: 18 OCTOBER 2001
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The appeal be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIAN DISTRICT REGISTRY V 172 of 2001
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: AUSTRALIAN TRADE COMMISSION
APPELLANT
AND: HELLAY LABORATORIES PTY LTD
RESPONDENT
JUDGES: WILCOX, von DOUSSA and FINKELSTEIN JJ
DATE: 18 OCTOBER 2001
PLACE: MELBOURNE
REASONS FOR JUDGMENT
WILCOX and VON DOUSSA JJ: 1 This is an appeal against a decision of a Judge of the Court (North J) in respect of an application for review of a decision of the Administrative Appeal Tribunal ("the Tribunal"). His Honour's judgment is Australian Trade Commission v Hellay Laboratories Pty Ltd [2001] FCA 79. 2 The Tribunal reviewed a decision of Australian Trade Commission ("Austrade"), the present appellant, in respect of an application by Hellay Laboratories Pty Ltd ("Hellay"), the present respondent, for a grant under the Export Market Development Grants Act 1997 ("the Act"). The question at issue is the proper interpretation of the words, then found in s 33 of the Act, "engaging as a consultant on a short term basis".
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