Safetycare Australia Pty Ltd & Anor v Australian Trade Commission [1997] FCA 1171

Safetycare Australia Pty Ltd & Anor v Australian Trade Commission [1997] FCA 1171

The Tribunal's identification of the relevant business activity—production of training videos and supporting manuals—was consistent with the correct, narrow construction of 'business activity' under the Act. There was no error of law as the Tribunal based its analysis on the applicants’ dealings in eligible know-how, and its determination was a finding of fact rather than law.

Parties
Applicant: SafetyCare Australia Pty Ltd; Applicant: Videotrain Pty Ltd; Respondent: Australian Trade Commission
Jurisdiction
Australia
Judgment Date
31 October 1997
Procedural Posture
Appeal / Judgment on Appeal From the Administrative Appeals Tribunal
Outcome
Appeal dismissed with costs.
Legal Topics
Export Market Development Grant, Meaning of Business Activity, Export Market Development Grants Act 1974 (cth)
Administrative Law Export Market Development Grant Meaning of Business Activity Export Market Development Grants Act 1974 (cth)

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Parties

SafetyCare Australia Pty Ltd

Applicant

Videotrain Pty Ltd

Applicant

Australian Trade Commission

Respondent

Procedural Posture

Appeal / Judgment on Appeal From the Administrative Appeals Tribunal

Legal Issues

  1. 1 Whether the Administrative Appeals Tribunal erred in law in its construction of 'business activity' under ss 19 and 38(2) of the Export Market Development Grants Act 1974 (Cth)

Ratio Decidendi

The Tribunal's identification of the relevant business activity—production of training videos and supporting manuals—was consistent with the correct, narrow construction of 'business activity' under the Act. There was no error of law as the Tribunal based its analysis on the applicants’ dealings in eligible know-how, and its determination was a finding of fact rather than law.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal be dismissed.
  • The applicants pay the respondent's costs of the appeal.