MSAS Customs Brokerage Pty Ltd & Ors v Woodward, Lionel, Chief Executive Officer of Customs [1998] FCA 114

MSAS Customs Brokerage Pty Ltd & Ors v Woodward, Lionel, Chief Executive Officer of Customs [1998] FCA 114

A request for a statement of reasons under s 13 of the ADJR Act must be made within twenty-eight days after provision of the decision in writing; as the applicants' request was made out of time and the decision-maker was not required to inform them of their rights, no duty arose to provide statements, and the application was dismissed.

Parties
Applicant: MSAS Customs Brokerage Pty Ltd; Applicant: Incitec Ltd; Applicant: GEC Alsthom Pty Ltd; Applicant: Web Dynamics Pty Ltd; Applicant: Holden's Motor Overseas Corporation Ltd; First Respondent: Lionel Woodward, Chief Executive Officer of Customs; Second Respondent: Richard Janeczko; Third Respondent: Marion Grant
Jurisdiction
Australia
Judgment Date
25 February 1998
Procedural Posture
Application for Judicial Review / Final Judgment
Outcome
Application dismissed with costs
Legal Topics
Judicial Review, Time Limits for Requesting Reasons, Mandamus, Estoppel in Administrative Law
Administrative Law Judicial Review Time Limits for Requesting Reasons Mandamus Estoppel in Administrative Law

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Parties

MSAS Customs Brokerage Pty Ltd

Applicant

Incitec Ltd

Applicant

GEC Alsthom Pty Ltd

Applicant

Web Dynamics Pty Ltd

Applicant

Holden's Motor Overseas Corporation Ltd

Applicant

Lionel Woodward, Chief Executive Officer of Customs

First Respondent

Richard Janeczko

Second Respondent

Marion Grant

Third Respondent

Procedural Posture

Application for Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether a duty to provide a statement of reasons under s 13 of the Administrative Decisions (Judicial Review) Act 1977 was enlivened despite the request being out of time
  2. 2 Whether failure to advise the applicants of their ADJR Act rights affected the finality of the decisions
  3. 3 Whether estoppel could prevent denial of a review

Ratio Decidendi

A request for a statement of reasons under s 13 of the ADJR Act must be made within twenty-eight days after provision of the decision in writing; as the applicants' request was made out of time and the decision-maker was not required to inform them of their rights, no duty arose to provide statements, and the application was dismissed.

Court Disposition

Application dismissed with costs

Orders

  • The application is dismissed with costs.