Freedom Pharmaceutical Pty Ltd v Minister for Health (No 2) [2021] FCA 1250

Federal Court of Australia

Freedom Pharmaceutical Pty Ltd v Minister for Health (No 2) [2021] FCA 1250 File number: NSD 118 of 2020

Judgment of: BURLEY J

Date of judgment: 15 October 2021

Catchwords: COSTS – appropriate orders as to costs – where applicant unsuccessful in applying for judicial review of Minister's decision under s 90A(2) of the National Health Act 1953 (Cth) to approve the supply of pharmaceutical benefits at a premises operated by second respondent – where second respondent filed a submitting notice – where Minister opposed application – whether principle in R v Australian Broadcasting Tribunal; Ex parte Hardiman [1980] HCA 13; (1980) 144 CLR 13 disentitles Minister from order for costs following the event – applicant to pay Minister's costs

Legislation: National Health Act 1953 (Cth) s 90A(2) Federal Court of Australia Act 1976 (Cth) s 43

Cases cited: Capricornia Credit Union Ltd v Australian Securities and Investments Commission [2007] FCAFC 112 Fagan v Crimes Compensation Tribunal [1982] HCA 49; 150 CLR 666 Freedom Pharmaceutical Pty Ltd v Minister for Health [2021] FCA 213 Huon Aquaculture Group Ltd v Minister for the Environment (No 2) [2018] FCA 1938 Lo v Australian Community Pharmacy Authority [2013] FCA 639 Lucas v Secretary, Department of Health [2020] FCA 1603 Masu Financial Management Pty Ltd v Financial Industry Complaints Service Ltd [2005] NSWSC 596 Minister for Immigration v Jia Legeng [2001] HCA 17; 205 CLR 507 Ogawa v Australian Information Commissioner [2014] FCA 229 R v Australian Broadcasting Tribunal; Ex parte Hardiman [1980] HCA 13; 144 CLR 13