NEAT Domestic Trading Pty Limited v AWB Limited

[2003] HCA 35
Judgment date
Case number
S225/2002
Before
Gleeson CJ, McHugh, Kirby, Hayne, Callinan JJ
Catchwords

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).

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