Pacific Century Production Pty Ltd v Watson

Pacific Century Production Pty Ltd sought judicial review of a decision made by the Minister for Agriculture, Fisheries and Forestry to order the destruction of their consignment of goods on the basis they were likely to be infected with quarantinable diseases. The Federal Court considered the meaning of the term "likely" in this context and whether the procedural fairness afforded to Pacific Century was adequate. The court was required to decide whether the Minister's decision was legally sound and whether the process leading up to it was fair. The court examined the relevant statutory provisions and considered whether the term "likely" required a high probability or a mere possibility. The court also considered whether the Minister had properly considered the evidence and whether the process allowed for adequate opportunity to respond.

The court found that the term "likely" in the statutory context required a real or substantial possibility, not a high probability. The court held that the Minister's decision was based on a reasonable interpretation of the term and that the evidence supported the conclusion that the goods were likely to be infected. The court also found that procedural fairness was afforded through the opportunity for Pacific Century to present evidence and respond to the Minister's concerns. The court held that the process was fair and that the decision was legally sound. The appeal was dismissed, and the order for the destruction of the goods was upheld.