Neat Domestic Trading Pty Ltd v AWB Ltd

NEAT Domestic Trading Pty Limited (NEAT) appealed to the High Court of Australia against a decision concerning the export of wheat. The dispute arose from NEAT's inability to export durum wheat, as the nominated company, AWB (International) Limited (AWBI), had withheld its approval, which was a prerequisite under the statutory scheme regulating wheat exports. The core of the matter was whether AWBI's refusal to grant approval constituted a decision of an administrative character made under an enactment, and if so, whether it was made unlawfully.

The legal issues before the High Court were whether AWBI's withholding of approval for NEAT's wheat exports was a "decision of an administrative character made under an enactment" for the purposes of judicial review. Additionally, the Court considered whether, in withholding approval, AWBI had exercised a discretionary power in accordance with a rule or policy without regard to the merits of the particular case, which would render its action unlawful.

The High Court reasoned that AWBI's role within the statutory scheme, despite being a company incorporated under corporate law, involved the exercise of a statutory power. This power, in substance, allowed AWBI to prevent the Wheat Export Authority from consenting to the bulk export of wheat in specific instances. The Court found that this function was not solely driven by private interests but encompassed a broader public character within the regulatory framework. Therefore, AWBI's actions were considered to be of an administrative character made under an enactment. The appeal was dismissed with costs.