Michell Carbonised Wool Exports Pty Ltd v Export Development Grants Board [1984] FCA 74

Michell Carbonised Wool Exports Pty Ltd v Export Development Grants Board [1984] FCA 74

Section 16(1) of the Export Expansion Grants Act 1978 cannot be applied in respect of the first grant year because there is no earlier year against which a 'corresponding increase' in export earnings can be measured. The Board should not have applied s.16(1) for the year commencing 1 July 1977, and the Tribunal erred in affirming that decision.

Parties
Applicants: MICHELL CARBONISED WOOL EXPORTS PTY. LIMITED; MICHELL WOOL EXPORTS (CANADA) PTY. LIMITED; MICHELL LEATHER EXPORTS PTY. LIMITED; MICHELL WOOL TOP EXPORTS PTY. LIMITED; MICHELL SHEEPSKINS PTY. LIMITED; MICHELLEX (WOOL) PTY. LIMITED; G.H. MICHELL & SONS (S.A.) PTY. LIMITED; MICHELL SCOURED WOOL EXPORTS PTY. LIMITED; Respondent: EXPORT DEVELOPMENT GRANTS BOARD
Jurisdiction
Australia
Judgment Date
06 April 1984
Procedural Posture
Appeal / Judgment on Appeal From the Administrative Appeals Tribunal
Outcome
Appeal allowed
Legal Topics
Export Expansion Grants, Statutory Interpretation, Exercise of Statutory Discretion
Administrative Law Export Expansion Grants Statutory Interpretation Exercise of Statutory Discretion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

MICHELL CARBONISED WOOL EXPORTS PTY. LIMITED; MICHELL WOOL EXPORTS (CANADA) PTY. LIMITED; MICHELL LEATHER EXPORTS PTY. LIMITED; MICHELL WOOL TOP EXPORTS PTY. LIMITED; MICHELL SHEEPSKINS PTY. LIMITED; MICHELLEX (WOOL) PTY. LIMITED; G.H. MICHELL & SONS (S.A.) PTY. LIMITED; MICHELL SCOURED WOOL EXPORTS PTY. LIMITED

Applicants

EXPORT DEVELOPMENT GRANTS BOARD

Respondent

Procedural Posture

Appeal / Judgment on Appeal From the Administrative Appeals Tribunal

Legal Issues

  1. 1 Meaning and operation of s.16 of Export Expansion Grants Act 1978
  2. 2 Whether s.16(1) is subject to an implied limitation regarding purpose
  3. 3 Interpretation of 'act or thing done' in s.16(1)

Ratio Decidendi

Section 16(1) of the Export Expansion Grants Act 1978 cannot be applied in respect of the first grant year because there is no earlier year against which a 'corresponding increase' in export earnings can be measured. The Board should not have applied s.16(1) for the year commencing 1 July 1977, and the Tribunal erred in affirming that decision.

Court Disposition

Appeal allowed

Orders

  • Each appeal is allowed.
  • The decision of the Administrative Appeals Tribunal dated 9 September 1983 is set aside.