Cordina Chicken Farms Pty Limited v Poultry Meat Industry Committee

Cordina Chicken Farms Pty Limited appealed to the Court of Appeal of New South Wales against a decision of the Poultry Meat Industry Committee. The dispute concerned the Committee's determination of a minimum price for poultry meat, which Cordina argued was unfairly discriminatory and improperly made.

The Court of Appeal was required to determine whether the Committee had applied an inflexible policy in making its determination, whether it had unlawfully delegated its decision-making power, and whether it had failed to take into account individual costs as mandated by section 10(4)(b) of the *Poultry Meat Industry Act 1986* (NSW). A further issue was whether the determination unfairly discriminated against Cordina.

The Court found that the Committee had not applied an inflexible policy, nor had it unlawfully delegated its power. It also held that section 10(4)(b) did not mandate the consideration of individual costs in the manner argued by Cordina, but rather required the Committee to consider the costs of producers generally. The Court concluded that the determination did not unfairly discriminate against Cordina.

Consequently, the appeal was dismissed with costs. The Court also granted Cordina a certificate under the *Suitors' Fund Act 1951* (NSW) in relation to wasted costs incurred by an adjournment, provided it otherwise qualified.