Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
OneSteel Manufacturing Pty Limited v The Comptroller-General of Customs [2017] FCA 828 File number: NSD 766 of 2017
Judge: RARES J
Date of judgment: 24 May 2017
Catchwords: PRACTICE AND PROCEDURE – where competing import declarations lodged for cargo under Customs Act 1901 (Cth) and Comptroller-General of Customs unable to identify person entitled to be given import declaration advice under s 71C(4) – interlocutory application for order requiring Comptroller-General to issue import declaration advices in respect of cargo to applicants – balance of convenience PRACTICE AND PROCEDURE – usual undertaking as to damages – whether appropriate to limit applicants' obligation to give undertaking as to damages only to co-applicant company and not to co-applicant deed administrators of company – purpose of usual undertaking as to damages
Legislation: Customs Act 1901 (Cth) ss 4, 68, 71A, 71C
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Hilditch Pty Ltd v Dorval Kaiun KK (No 2) (2007) 245 ALR 125 National Australia Bank Ltd v Bond Brewing Holdings Ltd (1990) 169 CLR 271 Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1
Date of hearing: 24 May 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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