Australian Pork Ltd v Director of Animal & Plant Quarantine [2005] FCA 671

FEDERAL COURT OF AUSTRALIA

Australian Pork Ltd v Director of Animal & Plant Quarantine [2005] FCA 671

ADMINISTRATIVE LAW – Quarantine – Importation of pig meat – Report of expert committee for the purpose of enabling the Director of Animal and Plant Quarantine to formulate a general policy for application by decision-makers in relation to applications for import permits – Director decided to adopt the committee's recommended control measures as general policy – Challenge by Australian pig meat producers to legal validity of recommendations – Challenge to one particular import permit decision made in reliance upon the general policy – Whether either or both decisions were invalid for error of law, failure to take into account a relevant consideration, unreasonableness or absence of evidence. Quarantine Act 1908 (Cth) ss 4, 5, 5D, 13 Quarantine Proclamation 1998 (Cth) cll 39, 70 AUSTRALIAN PORK LIMITED and WINDRIDGE FARMS PTY LIMITED v DIRECTOR OF ANIMAL AND PLANT QUARANTINE and FAYMAN INTERNATIONAL PTY LIMITED NSD 1078 of 2004 WILCOX J 27 MAY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1078 of 2004

BETWEEN: AUSTRALIAN PORK LIMITED

FIRST APPLICANT

WINDRIDGE FARMS PTY LIMITED

SECOND APPLICANT

AND: DIRECTOR OF ANIMAL AND PLANT QUARANTINE

FIRST RESPONDENT

FAYMAN INTERNATIONAL PTY LIMITED

SECOND RESPONDENT

JUDGE: WILCOX J

DATE OF ORDER: 27 MAY 2005

WHERE MADE: SYDNEY

THE COURT DIRECTS THAT: 1. The matter be stood over for preparation by counsel of short minutes of proposed orders. 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 NSD 1078 of 2004