Australian Paper Ltd v The Anti-Dumping Authority [1998] FCA 103

Australian Paper Ltd v The Anti-Dumping Authority [1998] FCA 103

The revised price undertaking was a revision of the original undertaking given by Kimia and not a new undertaking. There was no statutory or contractual basis for the claim that the publication of a dumping notice or its subsequent setting aside operated to terminate the original undertaking. Therefore, the Authority's inquiry into the release from the undertaking was properly commenced.

Parties
Applicant: Australian Paper Limited; Respondent: The Anti-Dumping Authority
Jurisdiction
Australia
Judgment Date
24 February 1998
Procedural Posture
Judicial Review Application / Final Judgment
Outcome
Application dismissed with costs.
Legal Topics
Customs and Excise, Anti Dumping Legislation, Undertakings Under the Customs Act, Judicial Review of Administrative Decisions
Taxes and Duties Administrative Law Customs and Excise Anti Dumping Legislation Undertakings Under the Customs Act Judicial Review of Administrative Decisions

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Parties

Australian Paper Limited

Applicant

The Anti-Dumping Authority

Respondent

Procedural Posture

Judicial Review Application / Final Judgment

Legal Issues

  1. 1 Whether revision of an undertaking given under s 269TG(4) of the Customs Act 1901 constituted a new undertaking
  2. 2 Whether the effect of publication of a dumping duty notice terminated an earlier undertaking
  3. 3 Whether an inquiry into release from the undertaking could be held before twelve months elapsed from acceptance of a revised undertaking

Ratio Decidendi

The revised price undertaking was a revision of the original undertaking given by Kimia and not a new undertaking. There was no statutory or contractual basis for the claim that the publication of a dumping notice or its subsequent setting aside operated to terminate the original undertaking. Therefore, the Authority's inquiry into the release from the undertaking was properly commenced.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.