Australian Trade Commission v Isaac Jewellery Pty Ltd [2009] FCA 37

FEDERAL COURT OF AUSTRALIA

Australian Trade Commission v Isaac Jewellery Pty Ltd [2009] FCA 37

ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – appeal from Administrative Appeals Tribunal limited to questions of law – jurisdictional fact ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – whether tribunal erred in its application of the Export Market Development Grants (Change in Ownership of Business) Guidelines 2006 (Cth) – whether tribunal erred in its consideration of s 94(1)(b)(i) of the Export Markets Development Grants Act 1997 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) s 44 Export Market Development Grants (Change in Ownership of Business) Guidelines 2006 (Cth) s 4(2) Export Markets Development Grants Act 1997 (Cth) ss 7, 93(2), 94(1)(a), 94(1)(b)(i), 94(1)(b)(ii), 94(2), 101(1)(d) Federal Court Rules (Cth) O 53 r 3(2)(b) Australian Postal Corporation v Forgie and Another (2003) 130 FCR 279 referred to Australian Telecommunications Corporation v Lambroglou (1990) 12 AAR 515 referred to Birdseye v Australian Securities and Investments Commission (2003) 38 AAR 55 referred to Collins v Administrative Appeals Tribunal and Another (2007) 163 FCR 35 referred to Comcare v Etheridge and Others (2006) 149 FCR 522 referred to Corporation of the City of Enfield v Development Assessment Commission and Another (1999) 199 CLR 135 referred to Gedeon v Commissioner of New South Wales Crime Commission (2008) 82 ALJR 1465 referred to AUSTRALIAN TRADE COMMISSION v ISAAC JEWELLERY PTY LTD

NSD 1532 of 2008

COWDROY J

3 February 2009

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1532 of 2008

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY SENIOR MEMBER ISENBERG

BETWEEN: AUSTRALIAN TRADE COMMISSION

Appellant