Wilson Transformer Company Pty Ltd v Anti-dumping Review Panel (No 2) [2021] FCA 591

Federal Court of Australia

Wilson Transformer Company Pty Ltd v Anti-dumping Review Panel (No 2) [2021] FCA 591 File number(s): VID 409 of 2020

Judgment of: KERR J

Date of judgment: 4 June 2021

Catchwords: ADMINISTRATIVE LAW – application for judicial review of a determination of the Anti-Dumping Review Panel (the Panel) to affirm decisions of the Commissioner of the Anti-Dumping Commission to terminate anti-dumping investigations – whether each of the decisions involved an error of law – whether each of the decisions was not authorised by the Customs Tariff (Anti-Dumping) Act 1975 (Cth) (the Customs Act) – whether the decisions were affected by jurisdictional error – where the Panel did not err in law by adopting and applying an erroneous construction of the Customs Act – where the Court is satisfied that it was not impermissible for the Panel to have reasoned as it did ADMINISTRATIVE LAW – whether a breach of the rules of natural justice occurred in connection with the making of each of the decisions – whether the decisions were affected by jurisdictional error – where the Panel failed to comply with the requirements of procedural fairness by not advising the Applicant of its intended course to hold a conference and undertaking to provide the Applicant with an opportunity to respond to any relevant information it might obtain during that conference subject to its obligations of confidentiality – where the error made by the Panel was not material and thus not jurisdictional error

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 Customs Act 1901 Customs Tariff (Anti-Dumping) Act 1975 (Cth) Federal Court of Australia Act 1976 (Cth)