Bristol-Myers Squibb Australia Pty Ltd v Minister for Health & Family Services [1997] FCA 907

FEDERAL COURT OF AUSTRALIA

ADMINISTRATIVE LAW - Commonwealth scheme designed to encourage Australian manufacture and export of pharmaceutical products - system of approval of proposals based on published "guidelines" - ultimate decision that of Ministers after recommendation from non-statutory Pharmaceutical Benefits Pricing Authority ("PBPA") - reference in guidelines to "eligibility" - representations to pharmaceutical manufacturer that no time constraint for lodgment of its proposal that each proposal treated on its own merits rather than "first come first served", and that no funding problems anticipated - applicants' case that it did not hasten to lodge its submission with PBPA - by time of lodgment, so many applications received that funds available insufficient to satisfy all "eligible" applicants - change from "individual merits" to "comparative merits" basis of assessment - application to review Ministers' decision not to approve applicant's submission - issues of failure to accord natural justice, failure to take into account relevant considerations, improper exercise of power, estoppel - findings of fact of trial Judge - role of appellate court. Federal Court of Australia Act 1976 (Cth) s 24 Annand & Thompson Pty Ltd v Trade Practices Commission (1979) 25 ALR 91 (FCA/FC) Warren v Coombes (1979) 142 CLR 531 Dawson v Westpac Banking Corporation (1991) 104 ALR 295 (HCA/FC) Brunskill v Sovereign Marine & General Insurance Co Ltd (1985) 62 ALR 53 (HCA/FC) Devries v Australian National Railways Commission (1993) 177 CLR 472 at 478-479 SS Hontestroom v SS Sagaporack [1927] AC 37 Carter v Geoff Layton & Co Pty Ltd (FCA/FC, 21 June 1993, unreported) BRISTOL-MYERS SQUIBB AUSTRALIA PTY LIMITED & ANOR v MINISTER FOR HEALTH AND FAMILY SERVICES & ORS NG 816 of 1996

WILCOX, O'LOUGHLIN, LINDGREN JJ SYDNEY 8 SEPTEMBER 1997