H K Systems Australia Pty Ltd v Debus [2008] FCA 1704

FEDERAL COURT OF AUSTRALIA

H K Systems Australia Pty Ltd v Debus [2008] FCA 1704

ADMINISTRATIVE LAW – judicial review – decision by Minister to detain imported firearms under s 77EA Customs Act 1901 (Cth) – consideration of the public interest – whether decision involved error of law – whether decision unreasonable – whether decision failed to take into account a relevant consideration or took into account an irrelevant consideration Held: application dismissed Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 6 Customs Act 1901 (Cth) s 77EA Firearms Act 1996 (NSW) s 4, Sch 1 Judiciary Act 1903 (Cth) s 39B Attorney-General of the Commonwealth v Foster (1999) 84 FCR 582; [1999] FCA 81 cited Fares Rural Meat and Livestock Co Pty Ltd v Australian Meat and Livestock Corporation (1990) 96 ALR 153 cited Meggitt Overseas Ltd v Grdovic (1998) 43 NSWLR 527 cited Warramunda Village Inc v Pryde (2002) 116 FCR 58; [2002] FCAFC 58 cited H K SYSTEMS AUSTRALIA PTY LTD (ACN 094 079 544) v ROBERT JOHN DEBUS (IN HIS CAPACITY AS THE MINISTER FOR HOME AFFAIRS) and COMMONWEALTH OF AUSTRALIA

VID 1184 of 2007

NORTH J

13 NOVEMBER 2008

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1184 of 2007

BETWEEN: H K SYSTEMS AUSTRALIA PTY LTD (ACN 094 079 544)

Applicant

AND: ROBERT JOHN DEBUS (IN HIS CAPACITY AS THE MINISTER FOR HOME AFFAIRS)

First Respondent

COMMONWEALTH OF AUSTRALIA

Second Respondent

JUDGE: NORTH J

DATE OF ORDER: 13 NOVEMBER 2008

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The application is dismissed. 2. The question of costs is adjourned until 10.15 am on 8 June 2009. 3. Leave to the parties to apply to vary order 2 by motion returnable at 10.15 am on 8 December 2008, such application to be filed by 1 December 2008.