Slopen Main Pty Ltd (Trustee) v Hope [2017] FCAFC 203

FEDERAL COURT OF AUSTRALIA

Slopen Main Pty Ltd (Trustee) v Hope [2017] FCAFC 203

Appeal from: Hope v Australian Community Pharmacy Authority [2017] FCA 669

File number(s): TAD 26 of 2017

Judge(s): GRIFFITHS, MORTIMER and BROMWICH jJ

Date of judgment: 12 December 2017

Catchwords: ADMINISTRATIVE LAW – appeal against orders setting aside decision recommending grant of approval to supply pharmaceutical benefits from premises – alleged denial of procedural fairness in relation to adverse findings of fraud in a public law sense – whether appellant had had opportunity to respond to issue that could have altered findings – held: procedural fairness denied to appellant – discretion not to set aside order of primary judge exercised on grounds of futility COSTS – whether respondents should pay half of appellant's costs of appeal upon appeal being rendered nugatory – held: appellant took no steps to seek adjournment of appeal or stay of third respondent's reconsideration process – held: preparation of appeal could have been avoided by adequate communication by appellant – held: respondents entitled to order that costs follow outcome of appeal – held: appeal dismissed with appellant to pay respondents' costs

Legislation: Federal Proceedings (Costs) Act 1981 (Cth), s 6 National Health Act 1953 (Cth), ss 90, 99J, 99K, 99L National Health (Australian Community Pharmacy Authority Rules) Determination 2011 (PD 65 of 2011) (Cth), s 5(1), 7, 8, 9, 10(b), 11, Sch 1, Pt 2, item 133