G.T.K. Trading Pty Ltd v. Export Development Grants Board [1981] FCA 226

G.T.K. Trading Pty Ltd v. Export Development Grants Board [1981] FCA 226

Live lobsters caught off the Western Australian coast and prepared as described are 'goods', are not 'live-stock' within the meaning of the Act, and are 'produced' or 'processed' in Australia; their value is wholly of Australian origin, making them eligible for grant consideration under the Export Expansion Grants Act 1978.

Jurisdiction
Australia
Judgment Date
10 December 1981
Procedural Posture
Review by the Administrative Appeals Tribunal Referral of Questions of Law Under S.45 of the Administrative Appeals Tribunal Act 1975 / Questions of Law Referred by Tribunal to Federal Court
Outcome
Questions of law answered as specified
Legal Topics
['export Expansion Grant' 'eligible Goods' 'livestock' 'produced in Australia' 'processed in Australia' 'act Interpretation' "definition of 'livestock'" 'export of Seafood Products']
['administrative Law'] ['export Expansion Grant' 'eligible Goods' 'livestock' 'produced in Australia' 'processed in Australia' 'act Interpretation' "definition of 'livestock'" 'export of Seafood Products']

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Procedural Posture

Review by the Administrative Appeals Tribunal Referral of Questions of Law Under S.45 of the Administrative Appeals Tribunal Act 1975 / Questions of Law Referred by Tribunal to Federal Court

Legal Issues

  1. 1 ["Whether live lobsters are 'goods' within s.4(1) of the Export Expansion Grants Act 1978" "Whether live lobsters are 'live-stock' within the meaning of 'excluded goods' in s.3(1) of the Act" "Whether live lobsters are 'manufactured', 'produced', 'assembled' or 'processed' within s.4(1) of the Act" "Whether lobsters are 'produced' or 'processed' in Australia" 'Whether any of the value of the lobsters is attributable to materials or parts not of Australian origin' "Whether live lobsters are 'eligible goods' within s.4(1) of the Act"]

Ratio Decidendi

Live lobsters caught off the Western Australian coast and prepared as described are 'goods', are not 'live-stock' within the meaning of the Act, and are 'produced' or 'processed' in Australia; their value is wholly of Australian origin, making them eligible for grant consideration under the Export Expansion Grants Act 1978.

Court Disposition

Questions of law answered as specified

Orders

  • ['Question 1: Yes' 'Question 2: Yes in relation to production and processing but not manufacture or assembly' 'Question 3: Yes' 'Question 4(a): Does not arise' 'Question 4(b): No' 'Question 4(c): Yes' 'Question 5: No' 'Question 6: Yes']