Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Garrett v The Chief Executive Officer of Austrade [2015] FCA 39 Citation: Garrett v The Chief Executive Officer of Austrade [2015] FCA 39
Parties: ANDREW MORTON GARRETT v THE CHIEF EXECUTIVE OF AUSTRADE and PAUL WAN
File numbers: VID 584 of 2014 VID 585 of 2014
Judge: JESSUP J
Date of judgment: 5 February 2015
Catchwords: PRACTICE AND PROCEDURE – Objection to competency of proceeding – Standing of applicant – Administrative law challenge to decisions under statute – Decisions made on application of company since wound up – Application made in capacity of trustee – Whether standing arises from applicant's position as new trustee – Significance of him having become trustee after proceedings commenced – Whether standing arises from applicant's position as receiver – Whether standing arises from applicant's position as discretionary beneficiary under trust
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Corporations Act 2001 (Cth) s 206G, Pt 5.2 Export Market Development Grants Act 1997 (Cth) ss 80, 87, 87C Judiciary Act 1903 (Cth) s 39B Federal Court Rules 2011 (Cth) rr 9.07, 13.01, 31.05, 31.12
Cases cited: Garrett v Deputy Commissioner of Taxation [2014] FCA 576 Garrett v Foster's Wine Estates Ltd [2007] FCA 253
Date of hearing: 3 December 2014
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
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