Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sanofi-Aventis Australia Pty Limited v Minister for Health [2012] FCA 1420 Citation: Sanofi-Aventis Australia Pty Limited v Minister for Health [2012] FCA 1420
Parties: SANOFI-AVENTIS AUSTRALIA PTY LIMITED v MINISTER FOR HEALTH
File number: NSD 1808 of 2012
Judge: EMMETT J
Date of judgment: 6 December 2012
Legislation: National Health Act 1953 (Cth) ss 84(1), 84AB, 84AF(1), 85, 85AD(1), 87, 99, 99ACB, 99ADB, 99ADC, 99ADD, 99ADF, 99ADH(1)(aa), National Health (Pharmaceutical Benefits Regulations) 1960 (Cth) reg 37
Date of hearing: 5 December 2012
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 55
Counsel for the applicant: J Kirk SC with H El-Hage
Solicitor for the applicant: Allens
Counsel for the respondent: G Kennett SC with M Izzo
Solicitor for the respondent: Corrs Chambers Westgarth
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1808 of 2012
BETWEEN: SANOFI-AVENTIS AUSTRALIA PTY LIMITED
Applicant
AND: MINISTER FOR HEALTH
Respondent
JUDGE: EMMETT J DATE OF ORDER: 6 December 2012 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The National Health (Weighted average disclosed price – interim supplementary disclosure cycle) Determination 2012, in so far as it concerned brands with the drug risedronic acid with an oral manner of administration, be quashed. 2. The National Health (Weighted average disclosed price – interim supplementary disclosure cycle) Amendment Determination 2012 (No 2) be quashed. 3. The respondent pay the applicant's costs of the proceeding. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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