Gerah Imports Pty Ltd v Minister for Industry, Technology & Commerce & Ors [1987] FCA 699

Gerah Imports Pty Ltd v Minister for Industry, Technology & Commerce & Ors [1987] FCA 699

The 1988 Global Tender Quota Scheme was a non-statutory set of guidelines formulated under s.266 of the Customs Act 1901 (Cth); it did not have legislative force and could not override discretionary powers conferred by statute. Clause E14 of the Scheme, if mandatory, would conflict with statutory penalties and discretions found in the Customs Act, the Customs Securities (Penalties) Act 1981, and the Customs Undertakings (Penalties) Act 1981. The Registrar was entitled to extend the time for lodging securities, and any failure to comply strictly with the Scheme did not invalidate the administrative decision. There was no breach of natural justice, improper purpose, or legitimate...

Parties
Applicant: Gerah Imports Pty Limited; First Respondent: Minister for Industry, Technology and Commerce; Second Respondent: J.M. Chesworth; Third Respondent: Bentooma Pty Limited; Fourth Respondent: Keewar Pty Limited; Fifth Respondent: Textile Industries Australia Pty Limited; Sixth Respondent: Katies Fashions (Aust) Pty Limited; Seventh Respondent: Weavers Menswear Pty Limited; Eighth Respondent: Cherry Lane Pty Limited; Ninth Respondent: Lowes-Manhattan Pty Limited
Jurisdiction
Australia
Judgment Date
11 December 1987
Procedural Posture
Application for Judicial Review / Final Judgment After Hearing
Outcome
Application dismissed
Legal Topics
Customs Quotas, Non Statutory Schemes, Ministerial Discretion, Procedural Fairness, Judicial Review, Legitimate Expectation, Natural Justice
Administrative Law Customs Quotas Non Statutory Schemes Ministerial Discretion Procedural Fairness Judicial Review Legitimate Expectation Natural Justice

Case Brief

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Parties

Gerah Imports Pty Limited

Applicant

Minister for Industry, Technology and Commerce

First Respondent

J.M. Chesworth

Second Respondent

Bentooma Pty Limited

Third Respondent

Keewar Pty Limited

Fourth Respondent

Textile Industries Australia Pty Limited

Fifth Respondent

Katies Fashions (Aust) Pty Limited

Sixth Respondent

Weavers Menswear Pty Limited

Seventh Respondent

Cherry Lane Pty Limited

Eighth Respondent

Lowes-Manhattan Pty Limited

Ninth Respondent

Procedural Posture

Application for Judicial Review / Final Judgment After Hearing

Legal Issues

  1. 1 Whether departure from the 1988 Global Tender Quota Scheme (a non-statutory scheme) invalidates the Registrar's decision to extend time for lodgment of securities
  2. 2 Whether the Scheme is binding law or a guide only
  3. 3 Whether the Registrar failed to take a relevant consideration into account or misinterpreted the rules

Ratio Decidendi

The 1988 Global Tender Quota Scheme was a non-statutory set of guidelines formulated under s.266 of the Customs Act 1901 (Cth); it did not have legislative force and could not override discretionary powers conferred by statute. Clause E14 of the Scheme, if mandatory, would conflict with statutory penalties and discretions found in the Customs Act, the Customs Securities (Penalties) Act 1981, and the Customs Undertakings (Penalties) Act 1981. The Registrar was entitled to extend the time for lodging securities, and any failure to comply strictly with the Scheme did not invalidate the administrative decision. There was no breach of natural justice, improper purpose, or legitimate...

Court Disposition

Application dismissed

Orders

  • The application be dismissed.
  • The applicant pay the costs of the respondents.