McGurk Construction & Rigging Company Ltd v Comptroller-General [1987] FCA 245

McGurk Construction & Rigging Company Ltd v Comptroller-General [1987] FCA 245

The regulation prohibiting importation without a licence applies at the time the goods are brought into port or landed; the regulations do not authorise the grant of a licence once importation has already occurred. The decision-maker did not err in refusing to grant a licence after the fact.

Parties
Applicant: McGurk Construction and Rigging Co. Limited; Respondent: Comptroller-General of Customs
Jurisdiction
Australia
Judgment Date
19 May 1987
Procedural Posture
Judicial Review Application / Reasons for Judgment After Hearing
Outcome
No final orders made; matter adjourned for further submissions as to course of further hearing.
Legal Topics
Import Licensing, Judicial Review of Administrative Action, Interpretation of 'importation', Customs Regulations, Forfeiture of Prohibited Imports
Administrative Law Customs Law Import Licensing Judicial Review of Administrative Action Interpretation of 'importation' Customs Regulations Forfeiture of Prohibited Imports

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Parties

McGurk Construction and Rigging Co. Limited

Applicant

Comptroller-General of Customs

Respondent

Procedural Posture

Judicial Review Application / Reasons for Judgment After Hearing

Legal Issues

  1. 1 Whether the Customs (Import Licensing) Regulations authorise the grant of a licence to import goods after the goods have already been imported into Australia
  2. 2 Meaning of 'importation' under the Customs Act and regulations
  3. 3 Whether refusal to grant a licence was based on a misconstruction of relevant law or regulations

Ratio Decidendi

The regulation prohibiting importation without a licence applies at the time the goods are brought into port or landed; the regulations do not authorise the grant of a licence once importation has already occurred. The decision-maker did not err in refusing to grant a licence after the fact.

Court Disposition

No final orders made; matter adjourned for further submissions as to course of further hearing.