Pre-deposit waiver and recovery stay granted on a strong prima facie challenge to capacity determination under the prescribed formula.

Waiver of pre-deposit and stay of recovery were granted where the appellant had already made a substantial duty deposit and raised a strong prima facie challenge to the capacity-determination basis under the prescribed formula. The Tribunal indicated that annual capacity should, at least prima facie, be assessed by reference to the prescribed distance between pinions rather than the altered distance resulting from use of the wobbler. In these circumstances, sufficient grounds existed for interim protection pending appeal, and recovery was stayed during the pendency of the proceedings.

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Issues: Whether the appellant had made out a case for waiver of pre-deposit and stay of recovery pending appeal.

Analysis: The appellant had already deposited a substantial part of the duty demand. The dispute turned on the determination of annual capacity under the applicable capacity-determination formula, and the Tribunal found that, prima facie, the capacity had to be assessed by reference to the prescribed distance between pinions rather than the altered distance arising from use of the wobbler. In view of the partial deposit and the prima facie applicability of the formula, the appellant established sufficient grounds for interim protection.

Conclusion: Waiver of pre-deposit was granted and recovery was stayed pending the appeal.

Final Conclusion: The interim relief application succeeded, with the appellant obtaining protection against further recovery during the pendency of the appeal.

Ratio Decidendi: Where the appellant shows a substantial pre-deposit and a strong prima facie challenge to the basis of capacity determination under the prescribed formula, waiver of the remaining pre-deposit and stay of recovery may be granted.

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