Commonwealth v SCI Operations Pty Limited
Commonwealth v ACI Operations Pty Limited

[1998] HCA 20
Judgment date
Case number
S16/1997
S17/1997
Before
Brennan CJ, Gaudron, McHugh, Gummow, Kirby JJ
Catchwords

Customs and Excise - Customs Duties - Paid and lawfully retained - Entitlement to refund later arising under statute - Duty refunded on granting of Commercial Tariff Concession Order - Whether interest payable from the date of application for a Commercial Tariff Concession Order or from the date the Commercial Tariff Concession Order was made.

Judgments and Orders - Inclusion of interest in sum for which judgment given - Whether s 51A(1) of the Federal Court of Australia Act 1976 (Cth) applicable.

Restitution - Interest on moneys received under statutory right to refund - Whether there is a right independent of statute to recover interest where defendant has been unjustly enriched by use of plaintiff's money - Whether interest payable from date of application for Commercial Tariff Concession Order.

Acts Interpretation Act 1901 (Cth), s 8.

Customs Act 1903 (Cth), s 163, Part XVA, ss 269C, 269N.

Customs Tariff Act 1987 (Cth), Pt III Sched 4.

Customs Regulations (Cth), regs 126(f), 127(1), 128, 128A. 

Federal Court of Australia Act 1976 (Cth), s 51A.