Animals' Angels e.V. v Secretary, Department of Agriculture [2014] FCAFC 173

FEDERAL COURT OF AUSTRALIA

Animals' Angels e.V. v Secretary, Department of Agriculture [2014] FCAFC 173 Citation: Animals' Angels e.V. v Secretary, Department of Agriculture [2014] FCAFC 173

Appeal from: Animals' Angels e.V. v Secretary, Department of Agriculture [2014] FCA 398

Parties: ANIMALS' ANGELS E.V. v SECRETARY OF DEPARTMENT OF AGRICULTURE

File number: NSD 478 of 2014

Judges: KENNY, ROBERTSON AND PAGONE JJ

Date of judgment: 19 December 2014

Catchwords: ADMINISTRATIVE LAW – application for judicial review of decision not to issue show cause notice pursuant to s 23 of the Australian Meat and Live-stock Industry Act 1997 (Cth) in relation to an export licence – whether a duty to issue such a notice – whether a duty to form a belief and to consider issuing such a notice – whether the respondent's letter dated 5 June 2012 contained the totality of the respondent's reasons for the decision not to issue a show cause notice – that letter referred to absence of "new evidence" – whether absence of "new evidence" an irrelevant consideration or inflexible application of policy – whether failure to take into account relevant considerations – whether the respondent formed a belief on reasonable grounds that one of the matters specified in s 23(1) existed – whether not forming that belief involved a failure to take into account relevant considerations or was infected by illogicality or irrationality or was a legally unreasonable exercise of a power STATUTORY INTERPRETATION – whether the word "may" conferred a duty or a discretion – Acts Interpretation Act 1901 (Cth) ss 2, 33(2A) ADMINISTRATIVE LAW – standing – whether non-profit association based in Germany, operating internationally including in Australia, with no Australian members but with Australian representative had a sufficient special interest in relation to the export from Australia of livestock and the regulation of that export to afford it standing to seek judicial review of a decision to refuse to issue a show cause notice pursuant to s 23 of the Australian Meat and Live-stock Industry Act 1997 (Cth) – Held: the objects of the appellant and its activities in Australia over eight years, considered in relation to the effect of the statutory decision and the grounds of judicial review, supported by the recognition by the relevant Australian Government Department of the appellant's particular status in the area of live animal export, showed that the appellant did have standing to seek the relief set out in its application to the Court COSTS – discretion to award – whether primary judge erred in failing to find that the usual rule that costs follow the event should be departed from because of the presence of "public interest litigation" considerations – whether the Full Court should depart from the usual rule that costs of the appeal follow the event