H K Systems Australia Pty Ltd v Debus [2008] FCA 849

FEDERAL COURT OF AUSTRALIA

H K Systems Australia Pty Ltd v Debus [2008] FCA 849 PRACTICE AND PROCEDURE – interrogatories in proceedings for judicial review – proposed questioning of respondents in relation to decision by Minister to order detention of firearms – challenge to grounds of review – obligations of Minister under s 77EA of Customs Act – whether departure of Minister from practice of predecessors creates potentially reviewable error – whether applicant experienced discrimination based on non-detention of similar firearms – whether s 31A of Federal Court of Australia Act capable of being invoked in relation to untenable grounds of review – whether interrogatories objectionable on the basis of "fishing" Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5(1)(e), 5(1)(h), 5(2)(g) and 5(3)(a) Judiciary Act 1903 (Cth), s 39B(1A)(c) Customs Act 1901 (Cth), s 77EA Federal Court of Australia Act 1976 (Cth), s 31A Federal Court Rules 1979 (Cth), O 11 r 16, O 16 r 1 WA Pines Pty Ltd v Bannerman (1980)30 ALR 559 cited Canwest Global Communications Corp v Australian Broadcasting Authority (Hill J, 16 June 1997, unreported) cited Commissioner of Taxation v Nestle Australia Ltd (1986)12 FCR 257cited TNT Australia Pty Ltd v Fels (1992) ATPR 41-190 cited Australian Securities Commission v Somerville (1994)51 FCR 38 cited Re Federal Commissioner of Taxation, Ex parte Swiss Aluminium Australia Ltd (1987)72 ALR 247cited Minister for Immigration and Multicultural Affairs v Wong [2002] FCAFC 327 considered Fares Rural Meat and Livestock Co Pty Ltd v Australian Meat and Live-Stock Corporation (1990)96 ALR 153 cited Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 cited Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 cited Hot Holdings Pty Limited v Creasy (2002) 210 CLR 438cited Whim Creek Consolidated NL v Colgan (1989) 25 FCR 50cited Dey v Victorian Railways Commissioners (1949) 78 CLR 62 cited General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 cited Walton v Gardiner (1993) 177 CLR 378 cited Fortron Automotive Treatments Pty Ltd v Jones (No 2) [2006] FCA 1401cited Wong v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1271 cited Percerep v Minister for Immigration and Multicultural Affairs (1998) 86 FCR 483 cited McCormack v Deputy Commissioner of Taxation Large Business & International [2001] FCA 1700 cited Grofam Pty Ltd v Macauley (1993) 43 FCR 404cited Heydon J D, Cross on Evidence (6th Australian ed, 2000) Aronson, Dyer and Groves, Judicial Review of Administrative Action (3rd ed, 2004) H K SYSTEMS AUSTRALIA PTY LTD (ACN 094 079 544) v ROBERT JOHN DEBUS (IN HIS CAPACITY AS MINISTER FOR HOME AFFAIRS) and THE COMMONWEALTH OF AUSTRALIA