Pan Laboratories Pty Ltd v Magistrate Lyon & Anor [1995] FCA 231

CATCHWORDS ADMINISTRATIVE LAW - review of decision by magistrate to commit for trial - alleged breach of Therapeutic Goods Act - charges that sponsor knowingly imported, supplied and exported goods not listed on the Register - whether Federal Court should entertain review - whether review would substantially decide question if applicant succeeded. CRIMINAL LAW - committal proceedings - when Federal Court should review decision to commit - review only in exceptional circumstances - relevant considerations in decision to review discussed. Administrative Decision (Judicial Review) Act 1977 Therapeutic Goods Act 1989 (Cth): ss16, 17, 20(1) Justices Act (NSW) 1902: s41(2) Yates v Wilson (1989) 168 CLR 338; discussed. Seymour v Attorney-General (Cth) (1984) 57 ALR 68; applied Lamb v Moss (1938) 49 ALR 533; referred to. Sankey v Whitlam (1978) 142 CLR 1; discussed. Forsyth v Rodda (1988) 16 ALD 757; discussed. Smiles v Commissioner of Taxation (1992) 37 FCR 538; discussed. PAN LABORATORIES PTY LIMITED v MAGISTRATE LYON AND THE COMMONWEALTH OF AUSTRALIA No NG 930 of 1994 CORAM: HILL J PLACE: SYDNEY DATED: 13 APRIL 1995

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No NG 930 of 1994 ) GENERAL DIVISION )

BETWEEN: PAN LABORATORIES PTY LIMITED Applicant AND: MAGISTRATE LYON First Respondent THE COMMONWEALTH OF AUSTRALIA Second Respondent

CORAM: HILL J PLACE: SYDNEY DATED: 13 APRIL 1995

MINUTES OF ORDER

THE COURT ORDERS THAT:

1. The application be dismissed. 2. The applicant pay the costs of the Commonwealth until the commencement of the hearing. 3. The applicant pay the costs of the Director of Public Prosecutions. 4. No order as to the costs of Magistrate Lyon. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.