Australian Trade Commission v NRS Group Pty Ltd [1997] FCA 1073

Australian Trade Commission v NRS Group Pty Ltd [1997] FCA 1073

The expressions "samples" and "technical information" in s11D(1)(a) are words of ordinary parlance with a wide ambit. It was reasonably open to the Tribunal on the evidence to find that the videos supplied overseas without charge were samples or a means of providing technical information about NRS's work and techniques. That conclusion was a finding of fact, not an error of law, and there was sufficient material before the Tribunal to support it. The application therefore failed.

Jurisdiction
Australia
Judgment Date
17 October 1997
Procedural Posture
Appeal From the General Administrative Division of the Administrative Appeals Tribunal Under S44(1) of the Administrative Appeals Tribunal Act 1975 (cth) / Application for Review of Administrative Appeals Tribunal Decision
Outcome
Application dismissed with costs.
Legal Topics
['claimable Expenditure' 'samples' 'technical Information' 'question of Law or Fact' 'no Evidence Ground']
['administrative Law' 'export Market Development Grants'] ['claimable Expenditure' 'samples' 'technical Information' 'question of Law or Fact' 'no Evidence Ground']

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Procedural Posture

Appeal From the General Administrative Division of the Administrative Appeals Tribunal Under S44(1) of the Administrative Appeals Tribunal Act 1975 (cth) / Application for Review of Administrative Appeals Tribunal Decision

Legal Issues

  1. 1 ['Whether expenditure on videos supplied overseas without charge was claimable expenditure under s11D(1)(a) of the Export Market Development Grants Act 1974 (Cth) as expenditure directly attributable to providing samples or technical information.' "Whether the Tribunal's conclusion that the videos provided samples or technical information involved a question of fact or a question of law for the purposes of s44(1) of the Administrative Appeals Tribunal Act 1975 (Cth)." 'Whether there was material before the Tribunal upon which it could find that the videos provided technical information.']

Ratio Decidendi

The expressions "samples" and "technical information" in s11D(1)(a) are words of ordinary parlance with a wide ambit. It was reasonably open to the Tribunal on the evidence to find that the videos supplied overseas without charge were samples or a means of providing technical information about NRS's work and techniques. That conclusion was a finding of fact, not an error of law, and there was sufficient material before the Tribunal to support it. The application therefore failed.

Court Disposition

Application dismissed with costs.

Orders

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