J.R. Exports Pty Ltd v. Australian Trade Commission [1987] FCA 114

J.R. Exports Pty Ltd v. Australian Trade Commission [1987] FCA 114

By majority, the pending application for reconsideration did not give the appellant an accrued right to have the former discretionary extension provision applied. What the appellant sought was an indulgence permitting a late claim to be considered, not enforcement or quantification of an existing substantive right. In any event, s.44(3) of the Australian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985 required the Commission to reconsider pending Board decisions under the Export Market Development Grants Act 1974 as amended and in force on and after the commencing day, thereby manifesting any necessary contrary intention to s.8 of the Acts Interpretation...

Jurisdiction
Australia
Judgment Date
19 March 1987
Procedural Posture
Administrative Law Appeal From the Administrative Appeals Tribunal on a Question of Law / Federal Court Appeal From the South Australian Division of the Administrative Appeals Tribunal
Outcome
Appeal dismissed with costs.
Legal Topics
['export Market Development Grants' 'extension of Time' 'reconsideration of Administrative Decision' 'accrued Rights' 'transitional Provisions' 'repeal and Amendment of Legislation']
['administrative Law' 'statutory Interpretation'] ['export Market Development Grants' 'extension of Time' 'reconsideration of Administrative Decision' 'accrued Rights' 'transitional Provisions' 'repeal and Amendment of Legislation']

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Procedural Posture

Administrative Law Appeal From the Administrative Appeals Tribunal on a Question of Law / Federal Court Appeal From the South Australian Division of the Administrative Appeals Tribunal

Legal Issues

  1. 1 ["Whether the Commission, on reconsideration of the Board's refusal to accept a late export market development grant claim, was required to apply the old s.13(2A) of the Export Market Development Grants Act 1974 or the amended provision removing the discretion to extend time." 'Whether the appellant had an accrued right preserved by s.8 of the Acts Interpretation Act 1901.' 'Whether s.44(3) of the Australian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985 disclosed a contrary intention requiring application of the Act as amended and in force on and after the commencing day.']

Ratio Decidendi

By majority, the pending application for reconsideration did not give the appellant an accrued right to have the former discretionary extension provision applied. What the appellant sought was an indulgence permitting a late claim to be considered, not enforcement or quantification of an existing substantive right. In any event, s.44(3) of the Australian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985 required the Commission to reconsider pending Board decisions under the Export Market Development Grants Act 1974 as amended and in force on and after the commencing day, thereby manifesting any necessary contrary intention to s.8 of the Acts Interpretation...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed with costs.']