Agfa-Gevaert Ltd v Collector of Customs & Anor [1994] FCA 664

Agfa-Gevaert Ltd v Collector of Customs & Anor [1994] FCA 664

It was an error of law for the Tribunal to construe the composite phrase 'silver dye bleach reversal process' by applying an established trade meaning to one component ('silver dye bleach') and an ordinary or divergent meaning to the remainder, where no evidence established a recognised trade or technical use for the phrase as a whole. In such circumstances, the composite phrase must be construed in accordance with its ordinary English meaning, taken as a whole, in context. Similarly, the phrase 'having the image dyes incorporated in the emulsion layers' should be interpreted using the ordinary meanings of those words, which on the evidence should not be restricted to colouring matter...

Parties
Applicant: AGFA-GEVAERT LIMITED; First Respondent: COLLECTOR OF CUSTOMS; Second Respondent: KODAK (AUSTRALASIA) PTY LTD
Jurisdiction
Australia
Judgment Date
16 September 1994
Procedural Posture
Appeal / On Appeal From the General Administrative Division of the Administrative Appeals Tribunal
Outcome
Appeal allowed. Tribunal's decision set aside. Matter remitted to the Tribunal to be heard and determined according to law. Respondents to pay applicant's costs.
Legal Topics
Tariff Concession Orders, Statutory Construction, Evidence of Trade Usage, Appeal on Question of Law
Customs and Excise Administrative Law Tariff Concession Orders Statutory Construction Evidence of Trade Usage Appeal on Question of Law

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Parties

AGFA-GEVAERT LIMITED

Applicant

COLLECTOR OF CUSTOMS

First Respondent

KODAK (AUSTRALASIA) PTY LTD

Second Respondent

Procedural Posture

Appeal / On Appeal From the General Administrative Division of the Administrative Appeals Tribunal

Legal Issues

  1. 1 Construction of the phrase 'silver dye bleach reversal process' in the Tariff Concession Orders
  2. 2 Interpretation of 'having the image dyes incorporated in the emulsion layers'
  3. 3 Whether the Tribunal erred in law by applying mixed trade and ordinary meanings to a composite phrase

Ratio Decidendi

It was an error of law for the Tribunal to construe the composite phrase 'silver dye bleach reversal process' by applying an established trade meaning to one component ('silver dye bleach') and an ordinary or divergent meaning to the remainder, where no evidence established a recognised trade or technical use for the phrase as a whole. In such circumstances, the composite phrase must be construed in accordance with its ordinary English meaning, taken as a whole, in context. Similarly, the phrase 'having the image dyes incorporated in the emulsion layers' should be interpreted using the ordinary meanings of those words, which on the evidence should not be restricted to colouring matter...

Court Disposition

Appeal allowed. Tribunal's decision set aside. Matter remitted to the Tribunal to be heard and determined according to law. Respondents to pay applicant's costs.

Orders

  • The decision of the Tribunal is set aside.
  • The application be remitted to the Tribunal to be determined in accordance with law.