Federal Court of Australia
CATCHWBWOARODS
ADMINISTRATIVE LAW - Judicial review - decision on assumption that discretion existed - on appeal, duty held ta exist - matter vreferred back to decision makers.
STATUTES - dutv or discretion - provision silent as to disposition of application for meat inspectors - what implication made: "may" or "shall" - relevance of context in interpretation.
Administrative Decisions (Judicial Review) Act 1977, 5.5 Export Control Act 1982
Export Control (Orders) Requiations
Prescribed Goods (General) Orders (No. 1 of 1985)
Export Meat Orders (No. 2 of 1985)
Bradlev v. Commonwealth of Australia (1973) 128 C.L.R. 557 Esmonds Motors Ptv. Ltd. v. Commonwealth of Australia (1970) 120 C.L.R. 463
Mahoney v. Johnson (1931) 46 C.L.R. 131
Zachariassen v. Commonwealth (1917) 24 C.L.R. 166
BETWEEN : MUDGINBERRI STATION PTY. LID. Appellant
AND: PETER HANDLEY LANGHORNE First Respondent
AND: LINDSAY PERCIVAL DUTHIE
Second Respondent
No. N.S.W. G246 of 1985
BOWEN C.J., EVATT AND PINCUS JJ. SYDNEY
19 DECEMBER 1985
me ne nt ee eee erate en we pene i ee
IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY ) NO. G246 of 1985
GENERAL DIVISION )
BETWEEN : MUDGINBERRI_ STATION PTY. LTD. Appellant AND: PETER HANDLEY LANGHORNE
First Respondent
AND: LINDSAY PERCIVAL DUTHIE
Second Respondent
JUDGES MAKING ORDER: Bowen C©.J.. Evatt and Pincus JJ. DATE OF ORDER: 19 December 1985 WHERE MADE: Sydney
THE COURT ORDERS THAT:
1. The appeal be allowed.
nite ete wt
2. The orders made by Neaves J. be set aside.
3. The matter be referred to the respondents for reconsideration according to law.
4. The respondents pay to the appellants their costs of and incidental to this appeal and to the proceedings before Neaves J.
NOTE: Settlement and entrv of orders is dealt with in Order 36
of the Federal Court Rules.
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