Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pilkington (Australia) Ltd v Minister for Justice and Customs [2002] FCA 770 CUSTOMS AND EXCISE – Anti-dumping – Determination of whether goods exported to Australia had been dumped or whether goods imported in the future might be dumped – Whether Minister ought to have taken into account up to date information including information concerning the conduct of exporters after the expiration of the investigation period – Whether Minister, in deciding whether to issue dumping notices, limited to considering information contained in report of Chief Executive Officer of Australian Customs Service. Customs Act 1901 (Cth) ss 269TACB, 269TB(1), 269TC(4), 269TDAA(2) and (3), 269TEA, 269TG, 269ZZ, 269ZZK Anti-Dumping Authority v Deggussa AG (1994) 52 FCR 414 considered Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 referred to PILKINGTON (AUSTRALIA) LTD v MINISTER FOR JUSTICE AND CUSTOMS AND PT ASAHIMAS FLAT GLASS TBK N 1092 of 2001 MOORE J 18 JUNE 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1092 OF 2001
BETWEEN: PILKINGTON (AUSTRALIA) LTD
APPLICANT
AND: MINISTER FOR JUSTICE AND CUSTOMS
FIRST RESPONDENT
PT ASAHIMAS FLAT GLASS TBK
SECOND RESPONDENT
JUDGE: MOORE J
DATE OF ORDER: 18 JUNE 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondents' costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1092 OF 2001
BETWEEN: PILKINGTON (AUSTRALIA) LTD
APPLICANT
AND: MINISTER FOR JUSTICE AND CUSTOMS
FIRST RESPONDENT
PT ASAHIMAS FLAT GLASS TBK
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