PT Pabrik Kertas Tjiwi Kimia Tbk v Minister for Justice & Customs [2000] FCA 18

PT Pabrik Kertas Tjiwi Kimia Tbk v Minister for Justice & Customs [2000] FCA 18

The undertaking offered by the applicant in July 1997, accepted by the Minister, incorporated by reference its covering letter which expressly stated the expiry date of 3 February 1999; thus the undertaking provided for its earlier expiration as contemplated by s 269TM(2) of the Customs Act 1901 (Cth), and it...

Source-derived case information.

Parties
Applicant: PT Pabrik Kertas Tjiwi Kimia Tbk; First Respondent: Minister for Justice and Customs; Second Respondent: Chief Executive Officer, Australian Customs Service; Third Respondent: Australian Paper Limited
Jurisdiction
Australia
Judgment Date
18 January 2000
Procedural Posture
Judicial Review Application and Declaratory Relief / Final Judgment
Outcome
Declaration granted in favour of the applicant as sought; alternative complaint of unreasonable delay dismissed.
Legal Topics
Anti Dumping, Estoppel, Judicial Review, Statutory Interpretation
Administrative Law Customs Law Anti Dumping Estoppel Judicial Review Statutory Interpretation

Source-derived case record

Summary, issues, holding and outcome

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Parties

PT Pabrik Kertas Tjiwi Kimia Tbk

Applicant

Minister for Justice and Customs

First Respondent

Chief Executive Officer, Australian Customs Service

Second Respondent

Australian Paper Limited

Third Respondent

Procedural Posture

Judicial Review Application and Declaratory Relief / Final Judgment

Legal Issues

  1. 1 Whether the revised price undertaking given by the applicant on 7 July 1997 and accepted on 30 July 1997 expired on 3 February 1999 or endured for five years under s 269TM(2) of the Customs Act 1901 (Cth).
  2. 2 Whether the Minister and Chief Executive Officer were estopped from denying the expiry date of the undertaking.
  3. 3 Whether the delay by the Minister in making a decision under s 269ZDB of the Customs Act 1901 (Cth) was unreasonable.

Ratio Decidendi

The undertaking offered by the applicant in July 1997, accepted by the Minister, incorporated by reference its covering letter which expressly stated the expiry date of 3 February 1999; thus the undertaking provided for its earlier expiration as contemplated by s 269TM(2) of the Customs Act 1901 (Cth), and it expired on that date.

Court Disposition

Declaration granted in favour of the applicant as sought; alternative complaint of unreasonable delay dismissed.

Orders

  • The Court declares that the revised price undertaking given by the applicant on 7 July 1997 and accepted by the then Minister of State for Customs and Consumer Affairs on 30 July 1997 expired on 3 February 1999.