LG Electronics Inc v Minister for Justice and Customs [2005] FCA 233

FEDERAL COURT OF AUSTRALIA

LG Electronics Inc v Minister for Justice and Customs [2005] FCA 233

CUSTOMS – dumping investigation – obligation to terminate investigation – no termination decision – investigation concluded. Customs Act 1901, s 269TDA(1) and (15)

LG ELECTRONICS INC and LG ELECTRONICS AUSTRALIA PTY LTD v MINISTER FOR JUSTICE AND CUSTOMS, CHIEF EXECUTIVE OFFICER OF CUSTOMS and GRAHAM CRUTTENDEN, DELEGATE OF THE CHIEF EXECUTIVE OFFICER OF CUSTOMS

NSD 1441 of 2004

WHITLAM J

11 MARCH 2005

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1441 of 2004

BETWEEN: LG ELECTRONICS INC

FIRST APPLICANT

LG ELECTRONICS AUSTRALIA PTY LTD

SECOND APPLICANT

AND: MINISTER FOR JUSTICE AND CUSTOMS

FIRST RESPONDENT

CHIEF EXECUTIVE OFFICER OF CUSTOMS

SECOND RESPONDENT

GRAHAM CRUTTENDEN, DELEGATE OF THE CHIEF EXECUTIVE OFFICER OF CUSTOMS

THIRD RESPONDENT

GREG WEPPNER, DELEGATE OF THE CHIEF EXECUTIVE OFFICER OF CUSTOMS

FOURTH RESPONDENT

JUDGE: WHITLAM J

DATE OF ORDER: 11 MARCH 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The proceeding is 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 NSD 1441 of 2004

BETWEEN: LG ELECTRONICS INC

FIRST APPLICANT

LG ELECTRONICS AUSTRALIA PTY LTD

SECOND APPLICANT

AND: MINISTER FOR JUSTICE AND CUSTOMS

FIRST RESPONDENT

CHIEF EXECUTIVE OFFICER OF CUSTOMS

SECOND RESPONDENT

GRAHAM CRUTTENDEN, DELEGATE OF THE CHIEF EXECUTIVE OFFICER OF CUSTOMS

THIRD RESPONDENT