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

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

The power to revoke an import licence under the Customs (Import Licensing) Regulations is administrative, not quasi-judicial. There is no statutory obligation to afford the licensee an opportunity to be heard before revocation. The Minister or delegate may revoke a licence, in whole or in part, at any time before actual importation, provided the discretion is exercised bona fide and not for extraneous reasons. The applicant failed to demonstrate the discretion was exercised for irrelevant or improper reasons.

Parties
Applicant; Plaintiff: Election Importing Company Proprietary Limited; Respondent; Defendant: Benjamin Courtice, Minister of State for Trade and Customs; Respondent; Defendant: Comptroller-General of Customs; Respondent; Defendant: Collector of Customs of New South Wales
Jurisdiction
Australia
Procedural Posture
Motion for Interlocutory Injunction in an Action / Interlocutory (pre Hearing)
Outcome
Motion dismissed
Legal Topics
Import Licences, Revocation of Licences, Ministerial Discretion, Procedural Fairness
Customs Law Administrative Law Import Licences Revocation of Licences Ministerial Discretion Procedural Fairness

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Parties

Election Importing Company Proprietary Limited

Applicant; Plaintiff

Benjamin Courtice, Minister of State for Trade and Customs

Respondent; Defendant

Comptroller-General of Customs

Respondent; Defendant

Collector of Customs of New South Wales

Respondent; Defendant

Procedural Posture

Motion for Interlocutory Injunction in an Action / Interlocutory (pre Hearing)

Legal Issues

  1. 1 Whether the Minister or his delegate can revoke an import licence after it has been acted upon
  2. 2 Whether the Minister or delegate can revoke a licence only in whole or also in part
  3. 3 Whether the Minister or delegate is required to act judicially when revoking a licence

Ratio Decidendi

The power to revoke an import licence under the Customs (Import Licensing) Regulations is administrative, not quasi-judicial. There is no statutory obligation to afford the licensee an opportunity to be heard before revocation. The Minister or delegate may revoke a licence, in whole or in part, at any time before actual importation, provided the discretion is exercised bona fide and not for extraneous reasons. The applicant failed to demonstrate the discretion was exercised for irrelevant or improper reasons.

Court Disposition

Motion dismissed

Orders

  • Motion for interlocutory injunction dismissed
  • Defendants' costs to be their costs in the action