Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Garrett v Australian Trade Commission [2014] FCA 575 Citation: Garrett v Australian Trade Commission [2014] FCA 575
Parties: ANDREW MORTON GARRETT and ACN 133 861 579 PTY LTD (IN LIQUIDATION) (CONTROLLER APPOINTED) v AUSTRALIAN TRADE COMMISSION (AUSTRADE)
File number(s): VID 187 of 2014
Judge(s): DAVIES J
Date of judgment: 5 June 2014
Catchwords: PRACTICE AND PROCEDURE – respondent objected to the competency of the applicant's application for judicial review of two decisions made by Austrade and writ of mandamus – decisions and associated conduct are not reviewable under the Administrative Decisions (Judicial Review) Act 1977 (Cth) – writ of mandamus cannot be used to compel a certain a decision PRACTICE AND PROCEDURE – notice to produce constituted fishing expedition and sought documents not relevant to the dispute – set aside
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) sub-ss 3(1) and (5) Export Markets Development Grants Act 1997 (Cth) s 4, 87, 87C, 97, 98 and 99 Judiciary Act 1903 (Cth) s 39B Federal Court of Australia Act 1976 (Cth) s 23
Cases cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Australian Competition and Consumer Commission v MSY Technology Pty Ltd [2012] FCAFC 56 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 3) [2012] FCA 61 at [5]-[6] CPT Custodian Pty Ltd v Commissioner of State Revenue of the State of Victoria (2005) 244 CLR 98 at [25] Domaine Finance Pty Ltd v Commissioner of Taxation (1985) 8 FCR 538 Foster v Jododex Australia Pty Ltd (1972) 127 CLR 421 Griffith University v Tang (2005) 221 CLR 99 Hamden v Campbell (No 2) (2012) 57 AAR 189; [2012] FCA 460 Hutchins v Commissioner of Taxation (1996) 65 FCR 269 Kafataris v Deputy Commissioner of Taxation (2008) 172 FCR 242 Meredith v Federal Commissioner of Taxation (2001) 64 ALD 120; [2001] FCA 1135 R v The War Pensions Entitlement Appeal Tribunal; Ex Parte Bott (1933) 50 CLR 228 Seven Network Limited v News Limited (No 11) [2006] FCA 174 SmithKline Beecham (Australia) Pty Ltd v Chipman [2002] FCA 674 Tasmanian Conservation Trust Inc v Minister of Resources (1995) 55 FCR 516 Yazbek v Commissioner of Taxation [2013] FCA 39
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