Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
H J Heinz Company Limited v Chief Executive Officer of Customs [2005] FCA 291 CUSTOMS TARIFF ACT – 'fish in pieces' – 'minced' – statutory interpretation – special Trade meaning – question of law – effect of factual determinations Customs Tariff Act 1995 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) Re Grocery Holdings Pty Ltd and the Chief Executive of Customs (2003) 74 ALD 212 Grocery Holdings Pty Ltd v Chief Executive Officer of Customs [2004] FCAFC 85 Re Pacific Film Laboratories Pty Ltd and Collector of Customs (1979) 2 ALD 144 Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 Collector of Customs v Pozzolanic (1993) 43 FCR 280 Gerhardy v Brown (1985) 159 CLR 70 Chief Executive Officer of Customs v Adelaide Brighton Cement Ltd (2004) 207 ALR 687 H J HEINZ COMPANY LIMITED v CHIEF EXECUTIVE OFFICER OF CUSTOMS NSD 1619 OF 2004 SELWAY J 23 MARCH 2005 ADELAIDE (HEARD IN SYDNEY)
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1619 OF 2004
ON APPEAL FROM A DECISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: H J HEINZ COMPANY LIMITED
APPLICANT
AND: CHIEF EXECUTIVE OFFICER OF CUSTOMS
RESPONDENT
JUDGE: SELWAY J
DATE OF ORDER: 23 MARCH 2005
WHERE MADE: ADELAIDE (HEARD IN SYDNEY)
THE COURT ORDERS THAT: 1. The application to 'appeal' from the decision of the Administrative Appeals Tribunal is dismissed. 2. The applicant to pay the respondent's 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 1619 OF 2004
ON APPEAL FROM A DECISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: H J HEINZ COMPANY LIMITED
APPLICANT
AND: CHIEF EXECUTIVE OFFICER OF CUSTOMS
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