Tasman Timber Ltd v Minister for Industry & Commerce

Case

[1982] FCA 332

11 Nov 1982


Details
AGLC Case Decision Date
Tasman Timber Ltd v Minister for Industry & Commerce [1982] FCA 332 [1982] FCA 332 11 Nov 1982

CaseChat Overview and Summary

In the case of Tasman Timber Ltd v Minister for Industry & Commerce, the applicants sought interlocutory injunctions to restrain the respondents from imposing cash securities under the Customs Act 1901 on the importation of softwood timber from New Zealand. The applicants claimed to be aggrieved by the decision to impose such securities, asserting that it was contrary to law. The applicants sought an order of review of the decision under the Administrative Decisions (Judicial Review) Act 1977. The court was required to decide whether the applicants had made out a prima facie case and whether the balance of convenience favoured the grant of interlocutory relief. The court held that the applicants had established a prima facie case, and that the balance of convenience favoured the grant of interlocutory relief. The court restrained the respondents from imposing cash securities pending the final hearing of the proceeding. The court also deferred ruling on a preliminary objection to the court's jurisdiction until the final hearing of the proceeding.
Details

Areas of Law

  • Administrative Law

  • International Trade Law

Legal Concepts

  • Judicial Review

  • Standing

  • International Obligations

  • Countervailing Duties

  • Interlocutory Injunction