Tredex Australia Pty Ltd v Button, J.N. [1987] FCA 619

Tredex Australia Pty Ltd v Button, J.N. [1987] FCA 619

The Court held that the original Ministerial notice remains operative unless revoked or set aside, so it is susceptible to review, and that it would not be appropriate to dismiss the proceeding for lack of reasonable cause of action at this stage. An extension of time was granted for Tredex to file its application for review of the later Ministerial decision.

Parties
Applicant: Tredex Australia Pty Ltd; Respondent: John Norman Button
Jurisdiction
Australia
Judgment Date
13 November 1987
Procedural Posture
Judicial Review Application / Interlocutory Orders and Directions
Outcome
Minister's motion to dismiss the proceeding is dismissed; extension of time granted for applicant's further application; costs reserved; directions given for filing affidavits and further conduct of proceedings.
Legal Topics
Extension of Time, Anti Dumping, Judicial Review, Administrative Decisions
Administrative Law Extension of Time Anti Dumping Judicial Review Administrative Decisions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Tredex Australia Pty Ltd

Applicant

John Norman Button

Respondent

Procedural Posture

Judicial Review Application / Interlocutory Orders and Directions

Legal Issues

  1. 1 Whether the earlier Ministerial decision evidenced by notice published on 22 January 1986 remains susceptible to attack under the Administrative Decisions (Judicial Review) Act 1977 (Cth)
  2. 2 Whether an extension of time for an application for review of the Minister's later decision (9 April 1987) should be granted

Ratio Decidendi

The Court held that the original Ministerial notice remains operative unless revoked or set aside, so it is susceptible to review, and that it would not be appropriate to dismiss the proceeding for lack of reasonable cause of action at this stage. An extension of time was granted for Tredex to file its application for review of the later Ministerial decision.

Court Disposition

Minister's motion to dismiss the proceeding is dismissed; extension of time granted for applicant's further application; costs reserved; directions given for filing affidavits and further conduct of proceedings.

Orders

  • The motion on behalf of the respondent, John Norman Button, notice of which was given on 1 June 1987 be dismissed.
  • The time within which an application by Tredex Australia Pty Ltd under the Administrative Decisions (Judicial Review) Act 1977 (Cth) for an Order of review in respect of the decision of John Norman Button, made on 9 April 1987 and notified to Tredex Australia Pty Ltd by letter dated 13 April 1987 may be filed be...