Glaxosmithkline Australia Pty Ltd v Anderson [2003] FCA 617

FEDERAL COURT OF AUSTRALIA

Glaxosmithkline Australia Pty Ltd v Anderson [2003] FCA 617 ADMINISTRATIVE LAW - Administrative Decisions (Judicial Review) Act 1977 (Cth) - Judiciary Act 1903 (Cth) - judicial review - decision of Pharmaceutical Benefits Advisory Committee (PBAC) under s 101(3) of the National Health Act 1953 (Cth) to recommend to the Minister that bupropion hydrochloride should be prescribed under the pharmaceutical benefits scheme only in certain circumstances - where PBAC had already made a previous recommendation for listing of the drug without such restrictions - whether PBAC lacks power to vary its recommendations once made - whether Minister has power to vary a declaration once made under s 85(4) - whether the PBAC can, in the absence of evidence, rely solely on its collective experience and expertise - whether the PBAC acted on no evidence - whether the PBAC breached the rules of natural justice - whether natural justice required that applicant be informed of details of potentially adverse information - whether applicant had real notice of the case it had to meet.

National Health Act 1953 (Cth) Part VII, ss 85, 88A, 101 Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 13 Judiciary Act 1903 (Cth) s 39B(1A) Acts Interpretation Act 1901 (Cth) ss 33, 46

Pfizer Pty Ltd v Birkett (2001) 112 FCR 305 R v Ng [2002] VSCA 108 (2 August 2002) Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 The Queen v Toohey; Ex parte Northern Land Council (1981) 151 CLR 170 Romeo v Asher (1991) 29 FCR 343 Hackwell v Television New Zealand [2002] NZAR 11 Crofton Investment Trust Ltd v Greater London Rent Assessment Committee [1967] 2 QB 955 R v City of Westminster Assessment Committee; Ex parte Grosvenor House (Park Lane) Ltd [1941] 1 KB 53 Sun v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71 R v Watson; Ex parte Armstrong (1976) 136 CLR 248 McDonald v Director-General of Social Security (1984) 1 FCR 354