Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Secretary Department of Health and Ageing v iNova Pharmaceuticals (Australia) Pty Limited [2010] FCA 1442 Citation: Secretary Department of Health and Ageing v iNova Pharmaceuticals (Australia) Pty Limited [2010] FCA 1442
Parties: SECRETARY DEPARTMENT OF HEALTH AND AGEING v iNOVA PHARMACEUTICALS (AUSTRALIA) PTY LIMITED
File number(s): ACD 30 of 2010
Judge: EMMETT J
Date of judgment: 21 December 2010
Catchwords: ADMINISTRATIVE LAW – whether a notice under s 26 of the Freedom of Information Act must contain information about the existence or non-existence of requested documents.
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 28 and 43 Freedom of Information Act 1982 (Cth) ss 11, 18, 24, 24A, 25, 26, 33, 33A, 37, 40, 43, 45, 54, 55, 58 and 62 National Health Act 1953 (Cth) s 99ACB
Date of hearing: 20 October 2010
Place: Sydney
Division: General Division
Category: Catchwords
Number of paragraphs: 69
Counsel for the Appellant: S.B. Lloyd SC
Solicitor for the Appellant: Australian Government Solicitor
Counsel for the Respondent: M. Allars
Solicitor for the Respondent: Middletons
IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY GENERAL DIVISION ACD 30 of 2010
BETWEEN: SECRETARY DEPARTMENT OF HEALTH AND AGEING
Appellant
AND: iNOVA PHARMACEUTICALS (AUSTRALIA) PTY LIMITED
Respondent
JUDGE: EMMETT J DATE OF ORDER: 21 December 2010 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be upheld. 2. The decision of the Administrative Appeals Tribunal of 22 July 2010 be set aside. 3. The matter be remitted to the Administrative Appeals Tribunal for reconsideration and decision according to law. 4. The respondent pay the applicant's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website.
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