LG Electronics Inc v Minister for Justice and Customs [2005] FCAFC 214

LG Electronics Inc v Minister for Justice and Customs [2005] FCAFC 214

The appeal was dismissed because the CEO was not proven to have been satisfied there had been no dumping at any relevant time; even if there was failure to terminate, it did not invalidate subsequent steps and discretionary relief should be refused. The Minister correctly construed 'Australian industry' and properly considered causation of injury, including factors other than dumping.

Parties
First Appellant: LG Electronics Inc; Second Appellant: LG Electronics Australia Pty Limited (ACN 064 531 264); First Respondent: Minister for Justice and Customs; Second Respondent: Chief Executive Officer, Australian Customs Service; Third Respondent: Graham Cruttenden, Delegate of the Chief Executive Officer of Customs, Australian Customs Service; Fourth Respondent: Greg Weppner, Delegate of the Chief Executive Officer of Customs, Australian Customs Service
Jurisdiction
Australia
Judgment Date
07 October 2005
Procedural Posture
Appeal / Judgment From Full Court of Federal Court on Appeal From a Single Judge
Outcome
appeal dismissed
Legal Topics
Judicial Review, Anti Dumping, Australian Customs Act, Material Injury to Australian Industry, Construction of 'australian Industry', Causation of Injury by Dumping
Administrative Law Judicial Review Anti Dumping Australian Customs Act Material Injury to Australian Industry Construction of 'australian Industry' Causation of Injury by Dumping

Case Brief

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Parties

LG Electronics Inc

First Appellant

LG Electronics Australia Pty Limited (ACN 064 531 264)

Second Appellant

Minister for Justice and Customs

First Respondent

Chief Executive Officer, Australian Customs Service

Second Respondent

Graham Cruttenden, Delegate of the Chief Executive Officer of Customs, Australian Customs Service

Third Respondent

Greg Weppner, Delegate of the Chief Executive Officer of Customs, Australian Customs Service

Fourth Respondent

Procedural Posture

Appeal / Judgment From Full Court of Federal Court on Appeal From a Single Judge

Legal Issues

  1. 1 Whether the CEO of Australian Customs Service was satisfied there had been no dumping and failed to terminate the investigation under s 269TDA(1) of the Customs Act 1901
  2. 2 Consequences of failure to terminate investigation under s 269TDA(1)
  3. 3 Whether the Minister made an error of law in construction of 'Australian industry' under s 269T(4)

Ratio Decidendi

The appeal was dismissed because the CEO was not proven to have been satisfied there had been no dumping at any relevant time; even if there was failure to terminate, it did not invalidate subsequent steps and discretionary relief should be refused. The Minister correctly construed 'Australian industry' and properly considered causation of injury, including factors other than dumping.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellants pay the respondents' costs.