Sylvan Health Pty Ltd v Minister for Health and Ageing [2010] FCAFC 121

FEDERAL COURT OF AUSTRALIA

Sylvan Health Pty Ltd v Minister for Health and Ageing [2010] FCAFC 121 Citation: Sylvan Health Pty Ltd v Minister for Health and Ageing [2010] FCAFC 121

Appeal from: Sylvan Health Pty Ltd v Minister for Health and Ageing [2009] AATA 814

Parties: SYLVAN HEALTH PTY LTD v MINISTER FOR HEALTH AND AGEING and ADMINISTRATIVE APPEALS TRIBUNAL

File numbers: NSD 1317 of 2009 NSD 1318 of 2009

Judges: RYAN, MANSFIELD AND RARES JJ

Date of judgment: 17 September 2010

Catchwords: ADMINISTRATIVE LAW – Appeal from Administrative Appeals Tribunal – affirming decision of delegate of Minister for Heath and Ageing under Therapeutic Goods Act 1989 (Cth) to refuse to register complementary medicine Cholesen – whether Tribunal misconstrued s 25(1)(d) or s 52F of the Therapeutic Goods Act in deciding safety of Cholesen not satisfactorily established – whether there was sufficient evidence before Tribunal to support findings of fact – whether Tribunal's reasons adequate as required by s 43(2B) of the Administrative Appeals Tribunal Act 1977 (Cth) ADMINISTRATIVE LAW - Administrative Decisions (Judicial Review) Act 1977 (Cth) – judicial review – issues under consideration same as those in appeal under Administrative Appeals Tribunal Act 1977 (Cth)

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 43(2B), 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Judiciary Act 1903 (Cth) ss 39B(1), 39B(1A) Therapeutic Goods Act 1989 (Cth) ss 25(1)(d), 52A, 52D, 52E, 52F, 52G Therapeutic Goods Regulations 1990 (Cth) R 39