NEAT Domestic Trading Pty Limited v AWB Limited [2003] HCA 35

HIGH COURT OF AUSTRALIA

GLEESON CJ,

McHUGH, KIRBY, HAYNE AND CALLINAN JJ

NEAT DOMESTIC TRADING PTY LIMITED APPELLANT

AND

AWB LIMITED & ANOR RESPONDENTS

NEAT Domestic Trading Pty Limited v AWB Limited

[2003] HCA 35

19 June 2003

S225/2002

ORDER

Appeal dismissed with costs.

On appeal from the Federal Court of Australia

Representation:

S J Gageler SC with J K Kirk for the appellant (instructed by Withnell Hetherington)

A Robertson SC with A I Tonking for the respondents (instructed by Allens Arthur Robinson)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

NEAT Domestic Trading Pty Limited v AWB Limited

Administrative law – Judicial review – Statutory scheme regulating export of wheat – Consent of statutory authority required for export – Authority precluded from giving consent without approval of nominated company incorporated under Corporations Law – Whether company's withholding of approval was decision of an administrative character made under an enactment – Whether in withholding approval nominated company exercised discretionary power in accordance with a rule or policy without regard to merits of particular case.

Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 3(1), 5(2)(f), 6(2)(f).

Trade Practices Act 1974 (Cth), s 51(1).

Wheat Marketing Act 1989 (Cth), ss 57(1), (1A), (3A), (3B), (6), (7).

1. GLEESON CJ. This appeal concerns a statutory scheme regulating the export of wheat, and the administrative law principles governing the role in that scheme of a corporation representing growers' interests. 2. The regulatory scheme took effect from 1 July 1999. The background, and the government policy, were set out in an Explanatory Memorandum relating to the Wheat Marketing Legislation Amendment Act 1998 (Cth), which amended the Wheat Marketing Act 1989 (Cth) ("the Act"). The Explanatory Memorandum stated: