Abbey Laboratories Pty Ltd v Australian Pesticides and Veterinary Medicines Authority [2016] FCA 704

FEDERAL COURT OF AUSTRALIA

Abbey Laboratories Pty Ltd v Australian Pesticides and Veterinary Medicines Authority [2016] FCA 704 File number: NSD 1404 of 2015

Judge: RARES J

Date of judgment: 10 June 2016

Catchwords: STATUTORY INTERPRETATION – Agricultural and Veterinary Chemicals Code Act 1994 (Cth) – Agricultural and Veterinary Chemicals Code Regulations 1995 (Cth) – application lodged for approval of a chemical product on basis that its active constituent "closely similar" to that of reference product – Authority re-categorised application pursuant to reg 70B(1)(a) on ground confidential commercial information concerning reference product necessarily would be disclosed in contravention of s 162 of Act when it notified approval or rejection of application or gave draft or final reasons for rejecting it – whether notification of approval or rejection or reasons for rejection of application necessarily would disclose confidential commercial information concerning reference product ADMINISTRATIVE LAW – whether re-categorisation of application under reg 70B(1)(a) was substantive decision under an enactment – whether decision procedural or substantive – whether decision-maker constructively failed to exercise jurisdiction by failing to consider whether notification of decision to approve or reject or giving of draft or final reasons for decision necessarily would disclose confidential commercial information in contravention of s 162 of Act – whether decision or reasons could be given in way that did not reveal any confidential commercial information EQUITY – confidential information – necessity to identify specifically information claimed to be confidential – insufficiency of generalised claim for confidentiality – necessary elements that establish confidentiality of information