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Australia Case Law

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Administrative law

McGurk Construction & Rigging Company Ltd v Comptroller-General

McGurk Construction & Rigging Company Ltd v Comptroller-General [1987] FCA 245

Judicial review of a refused import licence for a second-hand crane. The court held importation means entry or landing, and reserved whether a retrospective licence could be granted.

  • Import licensing
  • Judicial review of administrative action
  • Interpretation of 'importation'
  • Customs regulations
  • Forfeiture of prohibited imports
  • Import-licensing
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Equity

Keith Henry and Co Pty Ltd v Stuart Walker and Co Pty Ltd

Keith Henry and Co Pty Ltd v Stuart Walker and Co Pty Ltd [1958] HCA 33

No equitable relief can be granted because the parties were not in a fiduciary relationship; they were engaged in arm's length commercial transactions. The defendant did not misuse the plaintiff's import licenses for any purpose other than the agreed transactional steps, and any benefit received in the allocation of future quotas by the Minister was a matter for ministerial discretion, not equity. The doctrine of Keech v. Sandford does not apply.

  • Import licensing
  • Trusts—constructive trusts
  • Ministerial discretion
  • Fiduciary duties
  • Customs regulations
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.