Re:Application for review of the determination of the Australian Competition [1998] ACompT 2
The notice of withdrawal of the original application for authorisation, made by the applicants for authorisation under s 88(16) of the Act, has effectively terminated the proceedings and ended the Tribunal’s jurisdiction over the review application.
- Jurisdiction
- Australia
- Judgment Date
- 28 October 1998
- Procedural Posture
- Application for Review / Ruling on Jurisdiction (withdrawal of Application for Authorisation)
- Outcome
- application for review terminated; Tribunal has no jurisdiction to proceed
- Legal Topics
- ['authorisation Under Trade Practices Act' 'therapeutic Goods Advertising Code' 'jurisdiction Upon Withdrawal' 'review of ACCC Determination']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Review / Ruling on Jurisdiction (withdrawal of Application for Authorisation)
Legal Issues
- 1 ['Whether withdrawal of the original application for authorisation under s 88(16) of the Trade Practices Act effectively brings the review application to an end' 'Whether the Tribunal retains jurisdiction after withdrawal of the application for authorisation']
Ratio Decidendi
The notice of withdrawal of the original application for authorisation, made by the applicants for authorisation under s 88(16) of the Act, has effectively terminated the proceedings and ended the Tribunal’s jurisdiction over the review application.
Court Disposition
application for review terminated; Tribunal has no jurisdiction to proceed
Orders
- ['Proceedings are brought to an end upon effective withdrawal of the application for authorisation.']
Full Case Text
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