Natural justice in chemical test disputes justified complete pre-deposit waiver and stay where adverse reports were delayed.

Delayed supply of an adverse chemical test report, together with the load port certificate and the appellants' in-house laboratory results, was treated as sufficient to deny the report reliable prima facie value at the stay stage. Because the delay prevented an effective retest and the opportunity to seek retesting was considered lost in the circumstances, the non-supply was viewed as offending natural justice. The competing documents, including the certificate showing the required CSN and the appellants' own test results, supported interim protection, and the unresolved classification claim as steam coal with the related refund issue further favoured relief. Complete waiver of pre-deposit and stay of recovery during the appeal were granted.

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Issues: Whether the appellants were entitled to complete waiver of pre-deposit and stay of recovery pending appeal in view of the delayed supply of the adverse chemical test report, the load port certificate, and the in-house laboratory results.

Analysis: The delay in furnishing the adverse test report prevented any effective retest at the stay stage, and the right to seek retest was treated as having been lost in the circumstances. The adverse report was therefore not treated as reliable at the prima facie stage, especially when the load port certificate indicated the required CSN and the appellants' own laboratory results were consistent with that position. The non-supply of the adverse report in time was held to offend principles of natural justice, and the prima facie evidentiary value of the competing documents justified grant of stay. The unresolved claim regarding classification as steam coal and the consequential refund claim also supported grant of interim relief.

Conclusion: Complete waiver of pre-deposit was granted and recovery was stayed during pendency of the appeals.

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