N. V. Beaulieu Real v Minister for Justice and Customs [2002] FCAFC 339

N. V. Beaulieu Real v Minister for Justice and Customs [2002] FCAFC 339

The appeal was dismissed because counsel for the appellant correctly conceded that it was open on the material before the Minister to infer that the two large Australian carpet manufacturers were directing themselves to the lowest price available in Australia, including the dumped price offered by the appellant, when demanding a low price from Amoco; on acceptance of that concession, dismissal of the appeal was the appropriate order.

Jurisdiction
Australia
Judgment Date
06 November 2002
Procedural Posture
Appeal From Dismissal of Application for Judicial Review Under the Administrative Decisions (judicial Review) Act 1977 (cth) / Appeal From a Single Judge of the Federal Court of Australia
Outcome
Time to lodge the notice of appeal was extended to the day of judgment; the appeal was dismissed with costs.
Legal Topics
['judicial Review' 'no Evidence Ground' 'improper Exercise of Power' 'dumping' 'material Injury' 'customs Tariff Anti Dumping Duties']
['administrative Law' 'customs and Excise' 'anti Dumping'] ['judicial Review' 'no Evidence Ground' 'improper Exercise of Power' 'dumping' 'material Injury' 'customs Tariff Anti Dumping Duties']

Case Brief

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Procedural Posture

Appeal From Dismissal of Application for Judicial Review Under the Administrative Decisions (judicial Review) Act 1977 (cth) / Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 ["Whether there was no evidence or other material to justify the Minister's decision to declare that s 8 of the Customs Tariff (Anti-Dumping) Act 1975 (Cth) applied to goods exported into Australia by the appellant." "Whether making the Minister's decision amounted to an improper exercise of power." 'Whether the material before the Minister supported a conclusion that dumping of carpet backing fabric caused material injury to Amoco Chemicals Pty Limited.']

Ratio Decidendi

The appeal was dismissed because counsel for the appellant correctly conceded that it was open on the material before the Minister to infer that the two large Australian carpet manufacturers were directing themselves to the lowest price available in Australia, including the dumped price offered by the appellant, when demanding a low price from Amoco; on acceptance of that concession, dismissal of the appeal was the appropriate order.

Court Disposition

Time to lodge the notice of appeal was extended to the day of judgment; the appeal was dismissed with costs.

Orders

  • ['Time to lodge the notice of appeal be extended to today.' 'The appeal be dismissed.' "The appellant pay the respondent's costs."]