Inglewood Olive Processors Limited v Chief Executive Officer of Customs [2004] FCA 1659

FEDERAL COURT OF AUSTRALIA

Inglewood Olive Processors Limited v Chief Executive Officer of Customs [2004] FCA 1659 CUSTOMS AND EXCISE – Customs Act 1901 (Cth) – countervailable duty – application for review of decision of the Trade Measures Review Officer – termination of investigation under s 269TDA(2)(b)(i) – whether Chief Executive Officer of Customs empowered to consider 'benefit' under s 269TACC(3) – roles of CEO of Customs and Minister under Part XVB – whether CEO of Customs and Trade Measures Review Officer misconceived the approach to s 269TDA(2)(b)(i) – whether decisions of CEO of Customs and Trade Measures Review Officer unreasonable

Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5(1) Customs Act 1901 (Cth), ss 269T, 269TAAC, 269TACC, 269TB, 269TBA, 269TC, 269TD, 269TDA, 269TDAA, 269TE, 269TEA, 269TF, 269ZZ, 269ZZN, 269ZZR, 269ZZT, 269ZZV Judiciary Act 1903 (Cth), s 39B(1)

Pilkington (Australia) Pty Ltd v Minister for Justice and Customs [2002] FCA 770 referred to INGLEWOOD OLIVE PROCESSORS LIMITED v CHIEF EXECUTIVE OFFICER OF CUSTOMS & ANOR N 1363 OF 2004 STONE J 15 DECEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1363 OF 2004

BETWEEN: INGLEWOOD OLIVE PROCESSORS LIMITED

APPLICANT

AND: CHIEF EXECUTIVE OFFICER OF CUSTOMS

FIRST RESPONDENT

TRADE MEASURES REVIEW OFFICER

SECOND RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 15 DECEMBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed with 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 1363 OF 2004

BETWEEN: INGLEWOOD OLIVE PROCESSORS LIMITED