Neat Domestic Trading Pty Ltd v AWB Ltd

HIGH COURT OF AUSTRALIAGLEESON CJ,McHUGH, KIRBY, HAYNE AND CALLINAN JJNEAT DOMESTIC TRADING PTY LIMITED  APPELLANTANDAWB LIMITED & ANOR  RESPONDENTSNEAT Domestic Trading Pty Limited v AWB Limited[2003] HCA 3519 June 2003S225/2002ORDERAppeal dismissed with costs.On appeal from the Federal Court of AustraliaRepresentation: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.CATCHWORDSNEAT Domestic Trading Pty Limited v AWB LimitedAdministrative 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).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.The regulatory scheme took effect from 1 July 1999.  The background, and the government policy, were set out in an Explanatory Memorandum relating to...