Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
GM Holden Limited v Commissioner of the Anti-Dumping Commission [2014] FCA 708 Citation: GM Holden Limited v Commissioner of the Anti-Dumping Commission [2014] FCA 708
Parties: GM HOLDEN LIMITED v COMMISSIONER OF THE ANTI-DUMPING COMMISSION (as successor to the Chief Executive Officer of the Australian Customs and Border Protection Service), MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ANTI-DUMPING REVIEW PANEL (AS SUCCESSOR TO THE TRADE MEASURES REVIEW OFFICER)
File number: VID 555 of 2013
Judge: MORTIMER J
Date of judgment: 4 July 2014
Catchwords: ADMINISTRATIVE LAW – Application under Administrative Decisions (Judicial Review) Act 1977 (Cth) and Judiciary Act 1903 (Cth) for review of recommendations and decisions in relation to the issue of dumping and countervailing duty notices against Chinese importers pursuant to Customs Act 1901 (Cth) – construction of phrase "like goods" – whether denials of procedural fairness – construction of the statutory terms "normal value", "material injury", "public body" and "adequate remuneration" – construction of "selected" or "residual" exporters – no failure to afford procedural fairness – misconstruction of "investigated" resulted in misunderstanding and misconstruction by CEO and Minister of the terms "selected exporters" and "residual exporters" – reviewable decisions of CEO and Minister affected by jurisdictional error – application allowed in part.
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Customs Act 1901 (Cth) ss 42, 269T, 269TAAC, 269TAC, 269TACB, 269TACC, 269TAG, 269TB, 269TC, 269TD, 269TDA, 269TDAA, 269TEA, 269TG, 269TJ, 269ZL, 269ZN, 269ZX, 269ZZA, 269ZZD, 269ZZE, 269ZZL, 269ZZK, 269ZZM Customs Amendment (Anti-Dumping Commission) Act 2013 (Cth) Customs Amendment (Anti-Dumping Improvements) Act (No 1) 2012 (Cth) Customs Tariff (Anti-Dumping) Act 1975 (Cth) ss 8, 10 Evidence Act 1995 (Cth) s 191 Judiciary Act 1903 (Cth) s 39B Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994
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