Australian Pork Limited v Director of Animal & Plant Quarantine [2005] FCA 789

FEDERAL COURT OF AUSTRALIA

Australian Pork Limited v Director of Animal & Plant Quarantine [2005] FCA 789 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 15 JUNE 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: 15 JUNE 2005

WHERE MADE: SYDNEY

ORDER

INTERPRETATION: In this order: (a) 'the IRA Decision', means the decision of the first respondent, made on or about 10 May 2004, that future importation of pig meat into Australia 'will be subject to the Quarantine Act 1908 and the application of measures as specified in the section on Quarantine Requirements in the Import Risk Analysis ('IRA') Report for Pig Meat (February 2004)'; (b) 'the IRAR' means the Import Risk Analysis (IRA Report for Pig Meat) February 2004; and (c) 'the sub-paragraphs' means the third and fourth sub-paragraphs of paragraph 3.2(iii)(j) in that part of the IRAR which is entitled 'Quarantine Requirements for Importation of Pig Meat'. THE COURT DECLARES THAT: 1. Any decision to authorise the importation of pig meat into Australia in reliance upon compliance with the risk management measures specified in either of the sub-paragraphs was, or would be, an improper exercise of the power conferred upon the decision-maker by the Quarantine Act 1908 (Cth) and Quarantine Proclamation 1998 (Cth); 2. The decision to grant to the second respondent a permit (numbered 200413387) to import into Australia from the United States of America uncooked pig meat on the conditions set out in that permit (the "Permit Decision") was an improper exercise of the power conferred upon the decision-maker by the Quarantine Act 1908 (Cth) and Quarantine Proclamation 1998 (Cth) and is invalid. THE COURT ORDERS THAT: 3. That part of the IRA Decision which authorised the issue of permits to import pig meat into Australia in reliance upon compliance with the risk management measures specified in either of the sub-paragraphs be set aside. 4. The first respondent be prohibited, by herself, her officers, delegates or agents from making a decision to grant a new permit for the importation of pig meat into Australia in reliance upon compliance with the risk management measures specified in either of the sub-paragraphs. 5. Permit 200413387 issued to the second respondent, pursuant to the making of the Permit Decision, be set aside. 6. The first respondent pay the costs of the applicants. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.