Sanwa Pty Ltd and Comptroller-General of Customs

This matter concerned an application by Sanwa Pty Ltd to be joined as a party to proceedings between the Comptroller-General of Customs and another party. The core dispute revolved around whether Sanwa Pty Ltd possessed a sufficient interest in the decision under review to warrant its joinder as an applicant.

The primary legal issue before the Tribunal was whether a party with an indirect interest in an administrative decision could be added as a party to a proceeding before the Tribunal. This required the Tribunal to consider the principles of standing and the exercise of its discretion in allowing joinder, particularly in the context of ensuring the proper administration of anti-dumping measures and the consistent interpretation of relevant statutes.

The Tribunal's reasoning was informed by established case law, notably the Federal Court's decision in *Transurban City Link Ltd v Allan*, which affirmed that standing is determined by the applicant's interest in the decision under review, and that an interest in the outcome may confer standing. Crucially, the Tribunal also relied on President Brennan J's decision in *Re McHattan and Collector of Customs (New South Wales)*, which recognised that a decision directly affecting one person can indirectly affect others, and that such indirect interests may be sufficient for standing. The Tribunal noted that *Re McHattan* is a long-standing and authoritative decision that has been consistently followed.

The Tribunal granted Sanwa Pty Ltd's application to be joined as a party to the proceedings, finding that it had an indirect interest in the decision under review that warranted its inclusion.