N.V. Beaulieu Real v The Minister for Justice & Customs [2002] FCA 467

FEDERAL COURT OF AUSTRALIA

N.V. Beaulieu Real v The Minister for Justice & Customs [2002] FCA 467

CUSTOMS – complaint made by sole Australian manufacturer of carpet backing fabric as to 'dumping' on Australian domestic market by overseas exporters (including Belgium exporter) of carpet backing fabric – loss of profitability though not loss of sale transactions by sole Australian manufacturer found by Customs to be caused by export price of 'dumped' products on Australian market – decision of Minister to invoke powers under s 269TG of Customs Act - Minister declared exported carpet backing fabric to Australia liable to dumping duty - overseas exporters challenge Ministerial decisions for want of causal link between 'dumping' and loss of profitability of Australian manufacturer. ADMINISTRATIVE LAW – whether decision of Minister vitiated under ADJR Act on basis of errors of law within ss 5(1)(e), in combination with ss 5(2)(a) and (b) or 5(2)(g) – or within s 5(1)(f) – or within s 5(1)(h) in combination with s 5(2)(a) and (b). Customs Act 1901 (Cth) ss 260TAB, 269TAC, 269TAE, 269TE, 269TEA, 269TG, 269ZZK, 269ZZL, subs 229A(2) Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1)(e), 5(1)(h), 5(2)(a), 5(2)(b), 5(2)(g), 5(3)(a) and 5(3)(b) Customs Tariff (Anti-Dumping) Act 1995 (Cth) subs 8(5) Aronson et al Judicial Review of Administrative Action 2nd ed 2000 at Chapter 6 Vickers v Minister for Business and Consumer Affairs (1982) 43 ALR 389 referred to Kanbur Pty Ltd v Adams (1994) 55 ALR 158 referred to Kimberly-Clark Ltd v Commissioner of Patents (1988) 84 ALR 685 referred to Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 applied Minister of State for Immigration, Local Government And Ethnic Affairs v Pashmforoosh (1989) 18 ALD 77 referred to Detsongjarus v Minister for Immigration, Local Government and Ethnic Affairs (1990) 21 ALD 139 referred to Enichem Anic Srl v Anti-Dumping Authority (1992) 39 FCR 458 applied Feltrex Reidrubber Ltd v Minister for Industry and Commerce (1983) 67 FLR 32 cited Swan Portland Cement Ltd v Minister for Small Business and Customs (1991) 28 FCR 135 applied Mullins Wheels Pty Ltd v Minister for Customs and Consumer Affairs (199) 166 ALR 449 applied Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 cited Mendoza v Minister for Immigration, Local Government and Ethnic Affairs (1991) 31 FCR 405 cited Bennett v Minister of Community Welfare (1992) 176 CLR 408 referred to Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 followed Puhlhofer v Hillingdon London Borough Council [1986] AC 484 approved N.V. BEAULIEU REAL v THE MINISTER FOR JUSTICE & CUSTOMS Q 233 of 1999 CONTI J 16 APRIL 2002 SYDNEY