Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Neat Domestic Trading Pty Limited v AWB Limited & Anor
[2001] FCA 1178
ADMINISTRATIVE LAW – refusal of approval by AWB (International) Limited to consent by Wheat Export Authority for export of wheat – whether decision subject to administrative law remedies – whether decision made in accordance with a rule or policy without regard to the merits of the particular case Trade Practices Act 1974 (Cth) ss 46, 51(1)(a) Wheat Marketing Act 1989 (Cth) s 57(3B), (6) Annetts v McCann (1990) 170 CLR 596 at 598 applied Attorney-General (NSW) v Quin (1990) 170 CLR 1 at 57-58 applied Queensland Wire Industries Pty Ltd v Broken Hill Proprietary Co Limited (1989) 167 CLR 177 at 199 mentioned NEAT DOMESTIC TRADING PTY LIMITED V AWB LIMITED & ANOR N 84 OF 2001 HEEREY, MANSFIELD AND GYLES JJ 24 AUGUST 2001 MELBOURNE (HEARD IN SYDNEY)
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 84 OF 2001
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: NEAT DOMESTIC TRADING PTY LIMITED
(ACN 076 453 891)
APPELLANT
AND: AWB LIMITED (ACN 081 890 459)
FIRST RESPONDENT
AWB (INTERNATIONAL) LIMITED (ACN 081 890 413)
SECOND RESPONDENT
JUDGE: HEEREY, MANSFIELD AND GYLES JJ
DATE OF ORDER: 24 AUGUST 2001
WHERE MADE: MELBOURNE (HEARD IN SYDNEY)
THE COURT MAKES THE FOLLOWING ORDERS: 1. The appeal is dismissed. 2. The appellant pay the respondents' costs, including reserved costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 84 OF 2001
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: NEAT DOMESTIC TRADING PTY LIMITED
(ACN 076 453 891)
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