Goold v Commonwealth

Case

[1993] FCA 157

25 MARCH 1993


Details
AGLC Case Decision Date
Stainless Tube Mills P/L & Anor v. Comptroller-General of Customs & Anor [1993] FCA 157 ((1993) 113 ALR 481) [1993] FCA 157 25 MARCH 1993

CaseChat Overview and Summary

Goold, as the representative of Australian wine producers, sought judicial review of decisions made by the Commonwealth, through its delegate, the Secretary of the Department of Foreign Affairs and Trade. The dispute centred on the imposition of anti-dumping duties on imported wines from France, with Goold arguing that the decisions were flawed in identifying "like goods" and in calculating the "normal value" of these goods. The matter was heard in the Federal Court of Australia.

The legal issues before the court were whether the delegate had correctly identified "like goods" and properly adjusted the "normal value" of these goods, taking into account the different levels of trade for the goods in question. Goold contended that the delegate had misapplied the statutory provisions and failed to properly compare the imported goods with those produced domestically.

The court found that the delegate had correctly identified the "like goods" and had properly adjusted the "normal value" in accordance with the relevant statutory provisions. The court held that the delegate had considered all relevant factors, including the different levels of trade, and had made the decisions in a manner consistent with the legislative framework. The court dismissed the applications for judicial review, finding no basis to interfere with the delegate's decisions.

The court further ordered that the applicants were to pay the respondents' costs in relation to the proceedings. This order was made pursuant to Order 36 of the Federal Court Rules, which governs the settlement and entry of orders in cases of judicial review.
Details

Areas of Law

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Costs

  • Anti-dumping

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Cases Citing This Decision

4

CABADAS & CABADAS [2019] FamCAFC 179
Auxil Pty Ltd v Terranova [2009] WASCA 163
CABADAS & CABADAS [2019] FamCAFC 179
Cases Cited

1

Statutory Material Cited

0

Craig v South Australia [1995] HCA 58
Craig v South Australia [1995] HCA 58
Craig v South Australia [1995] HCA 58