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Swan Portland Cement Ltd v The Comptroller-General of Customs

Swan Portland Cement Ltd v The Comptroller-General of Customs

Case [1989] FCA 7

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AGLC: Swan Portland Cement Ltd v The Comptroller-General of Customs [1989] FCA 7
Case: [1989] FCA 7
Decision Date: 16 Feb 1989

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Citations

Swan Portland Cement Ltd v The Comptroller-General of Customs [1989] FCA 7

Most Recent Citation

Midland Metals Overseas Ltd v. Comptroller-General of Customs [1991] FCA 353 (30 FCR 87)

Cases Citing This Decision

Comcare v DSLB [2025] FCAFC 13
Citation 1 (Para 4)

…Earlier in time in the Full Court is in Swan Portland Cement Ltd v Comptroller-General of Customs (1989) 25 FCR 523. One of the bases upon which, in the original jurisdiction, relief was declined in that case was, insofar as the Court’s jurisdiction was invoked under the ADJR Act, by an exercise of the discretion co…
McEwan v Official Trustee in Bankruptcy [2025] FCA 162
Citation 2 (Para 14)

…cial review, where there exists a right and adequate alternative remedy of merits review: Swan Portland Cement Ltd v Comptroller-General of Customs (1989) 25 FCR 523. Of course, the review sought by Ms McEwan, and accepted as possible in theory by the trustee, was not limited to review on the basis of jurisdictional…
BUSS (Queensland) Pty Ltd atf the Building Unions Superannuation Scheme (Queensland) v Australian Prudential Regulation Authority [2025] FCA 31
Citation 3 (Para 7)

…ecurity legislation. At [19], Logan J extracted with approval the Full Federal Court in Swan Portland Cement Ltd v The Comptroller-General of Customs (1989) 25 FCR 523 at 530 (per Morling, Pincus and O’Loughlin JJ): The learned primary judge pointed out that the legislation provided ‘its own method of review’, refer…
Luck v Secretary, Services Australia [2024] FCA 1158
Citation 4 (Para 22)

…ecurity legislation. At [19], Logan J extracted with approval the Full Federal Court in Swan Portland Cement Ltd v The Comptroller-General of Customs (1989) 25 FCR 523 at 530 (per Morling, Pincus and O’Loughlin JJ): The learned primary judge pointed out that the legislation provided ‘its own method of review’, refer…
Murphy v Secretary, Department of Social Services [2022] FCA 1605
Citation 5 (Para 19)

…The present is really within that class of case considered by the Full Court in Swan Portland Cement Ltd v The Comptroller-General of Customs (1989) 25 FCR 523. In that case, one of the bases upon which, in the original jurisdiction, relief was declined was insofar as the Court’s jurisdiction was invoked under the A…
Hutchinson v Comcare [2020] FCA 1508
Citation 6 (Para 17)

…to exercise the discretion under s 10(2)(b)(ii) at an early stage in the proceeding: see Swan Portland Cement Ltd v Comptroller‑General of Customs (1989) 25 FCR 523 at 530; ActewAGL Distribution v The Australian Energy Regulator [2011] FCA 639; (2011) 195 FCR 142 at [190] (Katzmann J). If the proceeding is dismisse…
DRG16 v Minister for Immigration [2017] FCCA 2063
Citation 7 (Para 14)

…s (Judicial Review) Act 1977 (Cth) ( ADJR Act ): see sub-s.10(2)(b)(ii) of the ADJR Act and Swan Portland Cement Ltd v Comptroller-General of Customs (1989) 25 FCR 523.…
Kiem Dang Investment Pty Limited v Mansfield [2017] FCCA 725
Citation 8 (Para 5)

…[40]–[79] per Gaudron and Gummow JJ, [145]–[150] per Kirby J and [172] per Hayne J; Swan Portland Cement Ltd v Comptroller-General of Customs (1989) 25 FCR 523.) For obvious reasons, full merits review is generally a more suitable remedy than an administrative law challenge except, for example, where there is a clea…
Cremona v Administrative Appeals Tribunal [2015] FCAFC 72
Citation 9 (Para 4)

…he alternative review mechanism is a merits review by a specialist body, as was the case in Swan Portland Cement Ltd v Comptroller-General of Customs (1989) 25 FCR 523 per Morling, Pincus and O’Loughlin JJ; Du Pont (Australia) Ltd v Comptroller-General of Customs (1993) 30 ALD 829 per Heerey J; and Darling Downs Bac…
Dalian Steelforce Hi-Tech Co Ltd v Minister for Home Affairs of the Commonwealth of Australia [2012] FCA 1192
Citation 10 (Para 5)

…ssions the respondents referred to several authorities including the Full Court decision in Swan Portland Cement Ltd v Comptroller-General of Customs (1989) 25 FCR 523 (Morling, Pincus and O’Loughlin JJ). There is a passage in the Full Court decision which deals specifically with s 10(2)(b)(ii) of the ADJR Act as it…
ActewAGL Distribution v Australian Energy Regulator [2011] FCA 639
Citation 11 (Para 14)

…the resolution of which a satisfactory administrative remedy has been provided. Also see Swan Portland Cement Ltd v Comptroller-General of Customs (1989) 25 FCR 523 at 530.…
Kamha v Australian Prudential Regulation Authority [2007] FCA 1422
Citation 12 (Para 9)

…, [40]–[79] per Gaudron and Gummow JJ, [145]–[150] per Kirby J and [172] per Hayne J; Swan Portland Cement Ltd v Comptroller-General of Customs (1989) 25 FCR 523.) For obvious reasons, full merits review is generally a more suitable remedy than an administrative law challenge except, for example, where there is a cl…
AWB Ltd v Cole (No 2) [2006] FCA 913
Citation 13 (Para 23)

…ribunal’s decision can then be appealed to, or reviewed by, a court: Edelsten at 423-424; Swan Portland Cement Ltd v Comptroller-General of Customs (1989) 25 FCR 523 at 530; Bragg v Secretary of the Department of Employment, Education and Training (1995) 59 FCR 31 (‘ Bragg’ ) at 33; Yarmirr v Australian Telecommunic…
Applicants M160/2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 195
Citation 14 (Para 7)

…Constable of The North Wales Police v Evans [1982] 1 WLR 1155; In re Preston [1985] AC 835; Swan Portland Cement Ltd v Comptroller-General of Customs (1989) 25 FCR 523; Du Pont (Australia) v Comptroller-General of Customs (1993) 30 ALD 829. See also E Campbell, “Judicial Review and Appeals as Alternative Remedies” (…
McGowan v Migration Agents Registration Authority [2003] FCA 482
Citation 15 (Para 17)

…r that Act in respect of a decision of the Comptroller‑General of Customs. See also Swan Portland Cement Ltd v Comptroller‑General of Customs (1989) 25 FCR 523 at 530 (FC).…
SmithKline Beecham (Australia) Pty Ltd v Chipman [2002] FCA 674
Citation 16 (Para 18)

…eview, and judicial review should therefore be refused: s 10(2)(b)(ii) of the ADJR Act; and Swan Portland Cement Ltd v Comptroller-General of Customs (1989) 25 FCR 523 at 530. THE APPLICANT’S SUBMISSIONS REGARDING STANDING AND ALTERNATIVE REMEDIES The first decision…
CSL Australia Pty Ltd v Minister for Infrastructure and Transport [2013] FCA 152
Citation 17 (Para 30)

…The Full Court said in Swan Portland Cement Ltd v Comptroller-General of Customs (1989) 25 FCR 523 at 530 that in many, (if not most) circumstances, where the legislation regulating the subject-matter discloses a clear intention as to who should review an administrative decision, the Court’s proper response should n…
Heslop v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2010] FCA 1345
Citation 18 (Para 10)

…f a discretion to grant relief where there is other provision for review are to be found in Swan Portland Cement Ltd v Comptroller General of Customs (1989) 25 FCR 523 and McGowan v Migration Agents Registration Authority (2003) 129 FCR 118.…
Secretary, Department of Employment, Education Training and Youth Affairs v Allen, Mason, Senior Member, Administrative Appeals Tribunal [1998] FCA 165
Citation 19

…323, 324 Social Security Act 1991, ss 1233, 1253 Lamb v Moss (1983) 49 ALR 533, referred to Swan Portland Cement Ltd v Comptroller-General of Customs (1989) 25 FCR 523, referred to Bogaards v McMahon (1988) 80 ALR 342, referred to Federal Commissioner of Taxation v McMahon (1997) 149 ALR 159, followed Walker v Secre…
Fuller, Donald v Minister for Primary Industries and Energy [1997] FCA 1138
Citation 20

…Swan Portland Cement Ltd v Comptroller-General of Customs (1989) 25 FCR 523 distinguished Hall v The Nominal Defendant (1966) 117 CLR 423 applied Barrett v The Minister of State for Immigration, Local Government and Ethnic Affairs (1989) 18 ALD 129 applied Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FC…
Hagedorn v Department of Social Security [1996] FCA 1028
Citation 21

…FLR 367 Bragg v Secretary, Department of Employment, Education & Training (1995) 38 ALD 251 Swan Portland Cement Ltd v Comptroller-General of Customs (1989) 25 FCR 523 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344…
McManus v Scott-Charlton [1996] FCA 904
Citation 22

…er Valley Development Pty Ltd v Minister for Home Affairs and Environment (1984) 58 ALR 305 Swan Portland Cement Ltd v Comptroller-General of Customs (1989) 25 FCR 523…
Queensland Newsagents Federation Ltd v Trade Practices Commission [1993] FCA 792
Citation 23

…McHatton aid ~oilector of Customs 18 ALR 154 Re Oueensland Timber Board (1975) ATPR 40-005 Swan Portland Cement Ltd v. Comwtroller-General of Customs (1989) 25 FCR 523…
Du Pont (Australia) Ltd v Comptroller-General of Customs [1993] FCA 187
Citation 24

…Swan Portland Cement Limited v Comptroller-General of Customs (1989) 25 FCR 523.…
Powerlift (Nissan) Pty Ltd v Minister of State for Small Business, Construction and Customs [1993] FCA 38
Citation 25

…al of Customs (1991) 30 FCR 87. See too the decision of the Full Court of this Court in Swan Portland Cement Limited v Comptroller-General of Customs (1989) 25 FCR 523.…
Midland Metals Overseas Ltd v Comptroller-General of Customs [1991] FCA 353
Citation 26

…submissions as to the validity of the decisions, lies the decision of the full court in Swan Portland Cement Limited v Comptroller-General of Customs (1989) 25 FCR 523. That case arose out of an application made to the Comptroller by way of complaint, under s.269TB of the Act. However, in that case the application w…

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