The Full Federal Court upheld the primary judge's determination that no additional live cattle would have been exported to Indonesia in 2012 and 2013 had the Minister made an Exceptions Order instead of the Second Control Order, despite the Minister's established liability for misfeasance in public office. The Court found that the Indonesian Government's reduction in import quotas for 2012 and 2013 was driven by its pre-existing and vigorously pursued beef self-sufficiency program (the 2014 BSSP), including reliance on the 2011 cattle census results, rather than by any enduring loss of trust in Australia caused by the ban. The Court rejected the appellant's cumulative factual challenges, holding that the primary judge's findings — that the 2014 BSSP was a genuine operational policy (not merely aspirational), that import reduction was a key design feature of that policy, and that any Indonesian concern about future bans dissipated rapidly — were well supported by the contemporaneous documentary record and were not against the weight of the evidence.
The full text is available to signed-in members, including the 1 later case that cites this judgment.