Neat Domestic Trading Pty Ltd
vAwb Ltd and Another

Judges: Gleeson CJ
McHugh J
Kirby J
Hayne J
Callinan J

Subject References:
Administrative law
Administrative decisions
Judicial review
Whether private company making decision under an enactment
(CTH) Administrative Decisions (Judicial Review) Act 1977 ss 3(1), 5(2)(f), 6(2)(f)
(CTH) Wheat Marketing Act 1989 s 57

Legislative References:
Administrative Decisions (Judicial Review) Act 1977 - s 3(1); s 5(2)(f); s 6(2)(f)
Wheat Marketing Act 1989 - s 57

Canberra

Orders

[156] No separate submissions were received about the form of the orders suggested by NEAT in the event that it succeeded in this court. This court should make orders in that form.

[157] The appeal should be allowed with costs. The judgment of the Full Court of the Federal Court of Australia should be set aside. In lieu thereof, it should be ordered that the appeal to that court be allowed; the judgment of the primary judge should be set aside so far as it related to the appellant's claims against AWB and AWBI. In place thereof, this court should:

(1)

Declare that the decisions of AWBI refusing to give approval to the bulk export of wheat the subject of the applications referred to in para 8 of the amended statement of claim:

(a)

involved the application without regard to the merits of the individual case of a policy against the approval of the export of wheat in bulk; and

(b)

for that reason, were not done under s 57 of the Wheat Marketing Act 1989 (Cth) or for the purposes of that section within the meaning of s 57(6) of that Act;

(2)

Declare that each of the purported decisions was unlawful and void;

(3)

Order that each of the purported decisions be set aside;

(4)

Order that the proceedings be returned to the Federal Court for the determination of outstanding issues; and

(5)

Order that AWB and AWBI pay the appellant's costs in the Federal Court.

Appeal dismissed with costs.