Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Sustainability, Environment, Water, Population and Communities v Fullport Pty Limited [2011] FCA 471 Citation: Minister for Sustainability, Environment, Water, Population and Communities v Fullport Pty Limited [2011] FCA 471
Parties: MINISTER FOR SUSTAINABILITY, ENVIRONMENT, WATER, POPULATION AND COMMUNITIES v FULLPORT PTY LIMITED (ACN 48080246233)
File number: NSD 147 of 2011
Judge: FLICK J
Date of judgment: 11 May 2011
Catchwords: ENVIRONMENT LAW – Fuel Quality Standards Act 2000 – minimum flash point – question of supply by sale – sample taken and paid for not a sale
Legislation: Fuel Quality Standards Act 2000 (Cth) ss 4, 12, 12AA, 65
Cases cited: BMW Australia Ltd v Australian Competition and Consumer Commission [2004] FCAFC 167, 207 ALR 452, considered Cook v Pasminco Limited [2000] FCA 677, 99 FCR 548, considered Federal Commissioner of Taxation v ANZ Banking Group Ltd (1977) 143 CLR 499, cited Foster v Australian Competition and Consumer Commission [2006] FCAFC 21, 149 FCR 135, considered ICI Australia Operations Pty Ltd v Trade Practices Commission (1992) 38 FCR 248, considered R v Carey (1990) 20 NSWLR 292, cited Spittles v Michael's Appliance Services Pty Ltd [2008] NSWCA 76, 71 NSWLR 115, cited
Date of hearing: 5 April 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 49
Counsel for the Applicant: Mr J D Smith
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