OzEpulse Pty Ltd v Minister for Agriculture Fisheries and Forestry [2007] FCA 1601

FEDERAL COURT OF AUSTRALIA

OzEpulse Pty Ltd v Minister for Agriculture Fisheries and Forestry [2007] FCA 1601

ADMINISTRATIVE LAW – review of related decisions of the Minister for Agriculture Fisheries and Forestry and the Wheat Export Authority regarding the proposed export of wheat by the applicants – procedural fairness – public interest factors – whether applicants notified – whether factors not obvious – whether Minister required to afford applicants greater opportunity to comment – irrelevant considerations.

Administrative Decisions (Judicial Review) Act 1977 (Cth) Wheat Marketing Act 1984 (Cth) Wheat Marketing Act 1989 (Cth) ss 57, 58, 60 Minister for Local Government v South Sydney City Council 55 NSWLR 381 cited Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd 127 ALR 699 cited VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs 225 CLR 88 cited South Australia v Slipper 136 FCR 259 cited Salemi v Mackellar No 2 137 CLR 396 cited South Australia v O'Shea 163 CLR 378 cited

OZEPULSE PTY LTD AND ANOR v MINISTER FOR AGRICULTURE FISHERIES AND FORESTRY AND ANOR NSD 1275 OF 2007

EMMETT J

22 OCTOBER 2007

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY nsd 1275 OF 2007

BETWEEN: OZEPULSE PTY LTD

First Applicant

OZEGRAIN PTY LTD

Second Applicant

AND: MINISTER FOR AGRICULTURE FISHERIES AND FORESTRY

First Respondent

WHEAT EXPORT AUTHORITY

Second Respondent

JUDGE: EMMETT J DATE OF ORDER: 22 OCTOBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The proceeding be dismissed. 2. The Applicants pay the Respondents' costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA