Cordina Chicken Farms Pty Limited v Poultry Meat Industry Committee & Anor [2005] NSWCA 28

New South Wales Court of Appeal

CITATION: Cordina Chicken Farms Pty Limited v Poultry Meat Industry Committee & Anor [2005] NSWCA 28

HEARING DATE(S): 22/02/05

JUDGMENT DATE: 7 March 2005

JUDGMENT OF: Handley JA at 1; Hodgson JA at 2; Ipp JA at 3

DECISION: (1) Appeal dismissed with costs (2) In relation to the wasted costs incurred by the adjournment of the hearing in November 2004 the appellant to have a certificate under the Suitors' Fund Act 1951 (NSW) if otherwise entitled.

CATCHWORDS: ADMINISTRATIVE LAW - Tribunals and committees - Whether inflexible policy applied - Whether committee delegated its power to make a determination under s 10 of the Poultry Meat Industry Act 1986 (NSW) - Whether mandatory to take into account individual costs under s 10(4)(b) of that Act - Whether determination made unfairly discriminates. ND

Poultry Meat Industry Act 1986 (NSW), s10 LEGISLATION CITED: Poultry Meat Industry Amendment (Price Determination) Act 2002 (NSW)

Cordina Chicken Farms Pty Limited (Appellant) PARTIES: Poultry Meat Industry Committee (First Respondent) Minister for Agriculture and Fisheries (Second Respondent)

FILE NUMBER(S): CA 40272/04

J Griffiths SC/M Allars (Appellant) COUNSEL: R Beech-Jones (First & Second Respondents)

Truman Hoyle (Appellant) SOLICITORS: I V Knight, Crown Solicitor (First & Second Respondents)

LOWER COURT JURISDICTION: Supreme Court - Common Law Division

LOWER COURT FILE NUMBER(S): SC 30040/03

LOWER COURT JUDICIAL OFFICER: Young CJ in Eq

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40272/04 SC 30040/03