Amcor Ltd v Customs, Comptroller-General of, & Ors [1988] FCA 175

Amcor Ltd v Customs, Comptroller-General of, & Ors [1988] FCA 175

The decision maker erred in law by failing to give proper consideration to whether Johns Perry's preparedness to accept orders for the supply of the paper making machine was in the normal course of its business. Acceptance in the normal course of business requires more than a stated willingness to enter a new market; there must be evidence that such orders would in fact fall within the routine or usual activities of the local manufacturer.

Parties
Appellant: Amcor Limited (formerly APM Limited); First Respondent: Comptroller-General of Customs; Second Respondent: Kenneth Olliffe; Third Respondent: Russell Adrian Shakespear
Jurisdiction
Australia
Judgment Date
15 April 1988
Procedural Posture
Appeal / On Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeal allowed
Legal Topics
Tariff Concession Orders, Judicial Review, Local Manufacturing Capability, Interpretation of Customs Act
Administrative Law Customs and Tariffs Tariff Concession Orders Judicial Review Local Manufacturing Capability Interpretation of Customs Act

Case Brief

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Parties

Amcor Limited (formerly APM Limited)

Appellant

Comptroller-General of Customs

First Respondent

Kenneth Olliffe

Second Respondent

Russell Adrian Shakespear

Third Respondent

Procedural Posture

Appeal / On Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 Whether the decision maker properly considered if the local manufacturer (Johns Perry) was prepared in the normal course of business to accept orders for the supply of the goods
  2. 2 Whether the refusal of a Tariff Concession Order involved an error of law, specifically in interpreting the 'normal course of business' under the Customs Act

Ratio Decidendi

The decision maker erred in law by failing to give proper consideration to whether Johns Perry's preparedness to accept orders for the supply of the paper making machine was in the normal course of its business. Acceptance in the normal course of business requires more than a stated willingness to enter a new market; there must be evidence that such orders would in fact fall within the routine or usual activities of the local manufacturer.

Court Disposition

Appeal allowed

Orders

  • The orders made on 10 July 1987 are set aside.
  • In lieu, the decision of the first respondent made on 21 April 1986 is set aside and the appellant's application is referred to the first respondent for further consideration.