Pilkington (Australia) Ltd v Minister for Justice and Customs [2002] FCA 770

Pilkington (Australia) Ltd v Minister for Justice and Customs [2002] FCA 770

Under the current statutory scheme, the Minister is to make decisions about anti-dumping measures with reference only to the information contained in the report provided by the Chief Executive Officer of Customs. The Minister is not obliged to consider new or updated information submitted after that report is made, even if such information could bear on whether dumping has occurred or might occur in the future.

Jurisdiction
Australia
Judgment Date
18 June 2002
Procedural Posture
Judicial Review Application / Final Judgment
Outcome
Application dismissed
Legal Topics
['anti Dumping' 'judicial Review' 'dumping Notices' 'relevant Considerations' 'statutory Interpretation']
['administrative Law' 'customs Law' 'trade Law'] ['anti Dumping' 'judicial Review' 'dumping Notices' 'relevant Considerations' 'statutory Interpretation']

Case Brief

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Procedural Posture

Judicial Review Application / Final Judgment

Legal Issues

  1. 1 ['Whether the Minister was obliged to consider up-to-date information, including exporter conduct after the investigation period, when determining if dumping had occurred or might occur' "Whether the Minister is limited to considering information in the Chief Executive Officer of Customs' report when deciding under s 269TG of the Customs Act 1901 (Cth)" 'Whether failure to consider additional up-to-date material constituted an error of law or a failure to consider relevant considerations']

Ratio Decidendi

Under the current statutory scheme, the Minister is to make decisions about anti-dumping measures with reference only to the information contained in the report provided by the Chief Executive Officer of Customs. The Minister is not obliged to consider new or updated information submitted after that report is made, even if such information could bear on whether dumping has occurred or might occur in the future.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.' "The applicant pay the respondents' costs."]