Asia Symbol (Guangdong) Paper Co Ltd v Anti-Dumping Review Panel [2019] FCA 792

FEDERAL COURT OF AUSTRALIA

Asia Symbol (Guangdong) Paper Co Ltd v Anti-Dumping Review Panel [2019] FCA 792 File number: NSD 732 of 2018

Judge: ROBERTSON J

Date of judgment: 30 May 2019

Catchwords: ADMINISTRATIVE LAW – judicial review – Part XVB of the Customs Act 1901 (Cth) – anti-dumping measures – whether no evidence or other material to justify the recommendation made by the first respondent in ADRP Report 55, and consequently the decision of the second respondent, with respect to the re-calculation of the applicant's normal value – whether, if no evidence or other material, an improper exercise of the power or an error of law

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Customs Act 1901 (Cth) ss 269TAC, 269TG, 269ZZK, 269ZZL, 269ZZM Customs Tariff (Anti-Dumping) Act 1975 (Cth) s 8 Evidence Act 1995 (Cth) s 136

Cases cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; 170 CLR 321 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32; 241 CLR 390 Minister for Immigration, Local Government and Ethnic Affairs v Pashmforoosh (1989) 18 ALD 77 Minister for Immigration and Multicultural Affairs v Rajamanikkam [2002] HCA 32; 210 CLR 222 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 Sinclair v Maryborough Mining Warden (1975) 132 CLR 473 Tisdall v Webber [2011] FCAFC 76; 193 FCR 269 Wattie v Industrial Relations Secretary on behalf of the Secretary of the Department of Justice (No 2) [2018] NSWCA 124