Neat Domestic Trading Pty Ltd v Wheat Export Authority [2000] FCA 1866

FEDERAL COURT OF AUSTRALIA

Neat Domestic Trading Pty Ltd v Wheat Export Authority [2000] FCA 1866 ADMINISTRATIVE LAW – whether the Federal Court has jurisdiction to review a corporation's (AWBI) decisions under the Administrative Decisions (Judicial Review Act) 1977 (Cth) – whether AWBI's decisions were of an administrative character – whether AWBI's decisions were made under an enactment – whether AWBI unlawfully applied an inflexible policy without having regard to the merits of the individual cases – whether AWBI unlawfully purported to delegate its functions under s 57(3B) of the Wheat Marketing Act 1989 (Cth) to AWB – whether AWBI exercised its power improperly under the Wheat Marketing Act. Wheat Marketing Act 1989 (Cth) ss4, 5, 13(1), 57, 84, 88, 94 Wheat Market Legislation Amendment Act 1998 (Cth) Administrative Decisions (Judicial Review) Act 1977 (Cth) ss3, 5 Trade Practices Act 1974 (Cth) ss46, 80, 82, 86 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 followed Evans v Friemann (1981) 35 ALR 428 considered Hamblin v Duffy (1981) 34 ALR 339 considered Burns v Australian National University (1982) 40 ALR 707 considered Glasson v Parkes Rural Distributions Pty Ltd (1984) 155 CLR 234 considered Reid v Nairn (1985) 60 ALR 209 considered General Newspapers Pty Ltd v Telstra Corporation (1993) 45 FCR 164 followed Hutchins v Commissioner of Taxation (1996) 65 FCR 269 followed Australian National University v Lewin (1996) 68 FCR 87 considered Salerno v National Crime Authority (1997) 75 FCR 133 considered Kioa v West (1985) 159 CLR 550 cited British Oxygen Co Limited v Minister of Technology (1971) AC 610 followed Rex v Port of London Authority, Ex parte Kynoch Limited [1919] 1 KB 176 considered Regina v Secretary of State for the Home Department, Ex parte Venables (1998) AC 407 considered Chumbairux v Minister for Immigration and Ethnic Affairs (1986) 74 ALR 480 considered Race Course Co-operative Sugar Association Limited v Attorney-General of the State of Queensland [1979] 142 CLR 460 followed NEAT DOMESTIC TRADING PTY LTD v WHEAT EXPORT AUTHORITY & ORS N 237 of 2000 MATHEWS J 18 DECEMBER 2000 SYDNEY