New South Wales Meat Industry Authority v Randall

The New South Wales Meat Industry Authority (the Authority) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the Authority's power to impose a levy on meat sold by a butcher, Mr Randall, who operated a retail butcher shop and also supplied meat to restaurants. The Supreme Court had found that the Authority had acted beyond its statutory powers in levying Mr Randall on meat supplied to restaurants.

The central legal issue before the Court of Appeal was whether the Authority had the statutory power to impose a levy on meat sold by a butcher to restaurants, in addition to meat sold directly to the public from a retail butcher shop. This required an interpretation of the relevant provisions of the *Meat Industry Act 1978* (NSW) and the regulations made thereunder, specifically concerning the definition of "butcher" and the scope of the Authority's power to levy.

The Court of Appeal, in allowing the appeal, reasoned that the definition of "butcher" in the Act was broad enough to encompass a person who sells meat to restaurants, not just those who sell directly to the public. The Court found that the Authority's power to levy extended to all meat sold by a butcher, regardless of the ultimate consumer. The statutory scheme was intended to apply to all meat sold within the state, and the distinction drawn by the Supreme Court between retail sales and sales to restaurants was not supported by the language of the Act.

The Court of Appeal ordered that the Supreme Court's decision be set aside and that the Authority's appeal be allowed.