Stubbs, Stephen Raymond & Anor v The Minister, Department of Industry and Commerce & Anor [1984] FCA 7

Stubbs, Stephen Raymond & Anor v The Minister, Department of Industry and Commerce & Anor [1984] FCA 7

The decision to refuse base quota was made by reference to the applicants’ lack of genuine importer status and their trading in quota units, which were relevant factors under the statutory and administrative scheme. The applicants were afforded adequate opportunity to present their case; no breach of natural justice occurred. The delay in decision-making was not unreasonable or capricious, and the decision was supported by evidence. The application fails on all grounds.

Parties
Applicants: Stephen Raymond Stubbs and Robyn Ann Stubbs trading as Wandwills; First Respondent: The Minister, Department of Industry and Commerce; Second Respondent: J.A. Conlon, Assistant Secretary, Quota Control Branch, Department of Industry and Commerce
Jurisdiction
Australia
Judgment Date
07 February 1984
Procedural Posture
Application for Judicial Review / Final Judgment at First Instance
Outcome
Application dismissed
Legal Topics
Judicial Review, Importation Quotas, Relevant and Irrelevant Considerations, Natural Justice, Discretion of Administrative Decision Maker
Administrative Law Judicial Review Importation Quotas Relevant and Irrelevant Considerations Natural Justice Discretion of Administrative Decision Maker

Case Brief

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Parties

Stephen Raymond Stubbs and Robyn Ann Stubbs trading as Wandwills

Applicants

The Minister, Department of Industry and Commerce

First Respondent

J.A. Conlon, Assistant Secretary, Quota Control Branch, Department of Industry and Commerce

Second Respondent

Procedural Posture

Application for Judicial Review / Final Judgment at First Instance

Legal Issues

  1. 1 Whether the Minister’s refusal to allocate base quota for importation of goods was an improper exercise of power under s.273 of the Customs Act 1901, including: (a) taking into account irrelevant considerations, (b) failing to take into account relevant considerations, (c) breach of rules of natural justice, (d) whether there was evidence to justify the decision.

Ratio Decidendi

The decision to refuse base quota was made by reference to the applicants’ lack of genuine importer status and their trading in quota units, which were relevant factors under the statutory and administrative scheme. The applicants were afforded adequate opportunity to present their case; no breach of natural justice occurred. The delay in decision-making was not unreasonable or capricious, and the decision was supported by evidence. The application fails on all grounds.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • The applicants are to pay respondents' costs.