Election Importing Co Pty Ltd v Courtice [1949] HCA 20

80 C.L.R.] OF AUSTRALIA.

[HIGH COURT OF AUSTRALIA.]

ELECTION IMPORTING COMPANY PRO-

PRIETARY LIMITED APPLICANT ; PLAINTIFE, AND COURTICE AND OTHERS . ' - __Rusponpents. DEFENDANTS,

Customs—Watches and watch movements—Importation—Licence—Conditions— Currency—Licence acted wpon—Revocation—W holly or partly—Reasons therefor —Power—Exercise by Minister or delegate—Administrative or quasi-judicial— Customs Act 1901-1936, s. 52—Customs (Import Licensing) Regulations ($.R. 1939 No. 163), regs. 3, 8, 11, 12, 14.

'The Customs (Import Licensing) Regulations authorize the Minister or his delegate to prohibit goods being imported at any time prior to their actual entry into Australia.

'The powers thus conferred by the regulations are administrative in nature and in exercising them the Minister or his delegate, although not entitled to act arbitrarily or capriciously, is nevertheless not bound to act judicially.

B. Johnson & Oo. (Builders) Ltd. v. Minister of Health, 177 Li. 455, applied.

Morton ror Insuncrion.

In an action brought in the High Court by Election Importing Co. Pty. Ltd. against Benjamin Courtice, Minister of State for Trade and Customs, the Comptroller of Customs and the Collector of Customs of New South Wales, the plaintiff, by motion, applied for an interlocutory injunction restraining the defendants until the hearing of the action or further order of the Court from pro- ceeding to cancel import licence No. 094585 or from taking any action against the plaintiff on the basis that that licence had been validly cancelled.

The motion was heard before Williams J. in whose judgment hereunder the material facts are set forth.

65)

H. C. or A.

1949. —

Svpyzy, June 16 ; July 1.

Williams J.

Courtice.

July 1.

HIGH COURT [1949. Dr, F. Louat, for the applicant. P. C. Spender K.C. and A. J. Moverley, for the repondents. Cur. adv. vult.