Export Development Grants Board v. E.M.I. (Australia) Ltd Export Development Grants Board v. Thorm E.M.I. Electronics Pty Ltd [1985] FCA 360

Export Development Grants Board v. E.M.I. (Australia) Ltd Export Development Grants Board v. Thorm E.M.I. Electronics Pty Ltd [1985] FCA 360

The Export Development Grants Board, having determined and paid a grant entitlement for 1978/1979, had no power to reassess or make deductions by reason of any purported reassessment; only the Commonwealth may recover overpayments in prescribed circumstances under the Act.

Parties
Applicant: Export Development Grants Board; Respondent: E.M.I. (Australia) Limited; Respondent: Thorn E.M.I. Electronics Pty. Limited
Jurisdiction
Australia
Judgment Date
31 July 1985
Procedural Posture
Appeal / On Appeal From the General Administrative Division of the Administrative Appeals Tribunal
Outcome
Appeals dismissed, cross-appeals allowed
Legal Topics
Export Expansion Grants Act, Administrative Review, Grant Entitlements, Board Powers, Finality of Determinations
Administrative Law Export Expansion Grants Act Administrative Review Grant Entitlements Board Powers Finality of Determinations

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Parties

Export Development Grants Board

Applicant

E.M.I. (Australia) Limited

Respondent

Thorn E.M.I. Electronics Pty. Limited

Respondent

Procedural Posture

Appeal / On Appeal From the General Administrative Division of the Administrative Appeals Tribunal

Legal Issues

  1. 1 Whether the Export Development Grants Board had power to reassess previously determined grant entitlements after payment
  2. 2 Whether the Board could deduct an alleged overpayment from subsequent grant entitlements
  3. 3 Whether the Board could be ordered to reimburse previously deducted sums

Ratio Decidendi

The Export Development Grants Board, having determined and paid a grant entitlement for 1978/1979, had no power to reassess or make deductions by reason of any purported reassessment; only the Commonwealth may recover overpayments in prescribed circumstances under the Act.

Court Disposition

Appeals dismissed, cross-appeals allowed

Orders

  • The appeals of the Export Development Grants Board in matters No.Gl and No.G2 of 1985 be dismissed.
  • The cross-appeals of E.M.I. (Australia) Limited and Thorn E.M.I. Electronics Pty. Limited in No.Gl and No.G2 be allowed.