Shoppr Network Pty Ltd and Australian Trade and Investment Commission

Shoppr Network Pty Ltd sought review of a decision by the Australian Trade and Investment Commission (Austrade) regarding an application for an export market development grant. The dispute concerned whether certain expenditures incurred by Shoppr Network were eligible for a grant under the relevant legislative scheme. The matter was heard by Mr P W Taylor SC, Senior Member.

The primary legal issues before the Tribunal were whether Shoppr Network was an eligible applicant, whether the claimed expenses constituted eligible expenditure, and whether the claimed products were eligible products. Crucially, the Tribunal had to determine if the application met the grants entry requirement, specifically the criterion of achieving a significant net benefit to Australia, and whether there was sufficient Australian input.

The Tribunal affirmed Austrade's decision, finding that the claimed expenses were not eligible. This was based on the evidence establishing that Shoppr Network did not itself intend to sell its services, nor did it intend to sell through a related entity. While the characterisation of the expenses might have otherwise allowed for reconsideration, this fundamental lack of intention to sell the services directly or through a related entity rendered the expenses ineligible under the scheme.

The decision under review was affirmed.