NEAT Australia Holdings v AWB Ltd
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High Quality Content by WIKIPEDIA articles! Gleeson CJ found against NEAT on the grounds that the policy in question was legal, and that no material had been put to AWB that could persuade it to deviate from its policy. He concluded, although it was unnecessary to decide, that the decision was a decision of an administrative character made under an enactment and therefore reviewable. McHugh, Hayne and Callinan JJ held that public law remedies (such as review under the JR Act) were not available against AWB because of the role granted to it under the Act, the private character of AWB, being a c...
High Quality Content by WIKIPEDIA articles! Gleeson CJ found against NEAT on the grounds that the policy in question was legal, and that no material had been put to AWB that could persuade it to deviate from its policy. He concluded, although it was unnecessary to decide, that the decision was a decision of an administrative character made under an enactment and therefore reviewable. McHugh, Hayne and Callinan JJ held that public law remedies (such as review under the JR Act) were not available against AWB because of the role granted to it under the Act, the private character of AWB, being a company incorporated under corporations legislation and the fact that it was impossible to impose public law obligations on AWB and allow it to pursue its private interests.
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