Federal Court of Australia
Federal Court of Australia
Arrotex Pharmaceuticals Pty Limited v Minister for Health and Aged Care [2024] FCA 522 File number: NSD 362 of 2024
Judgment of: ROFE J
Date of judgment: 17 May 2024
Catchwords: STATUTORY INTERPRETATION – price reduction of pharmaceutical items – application of the "12.5% average unadjusted price reduction test" prescribed by s 99ADH(6) of the National Health Act 1953 (Cth) – statutory implication of the use of "in respect of" and "in relation to"– relevance of extrinsic material as to intended meaning of statute – price reduction resulting from the calculation of relevant data collection periods – weighted average price disclosure – price disclosure cycles
Legislation: National Health Act 1953 (Cth) National Health Amendment (Enhancing the Pharmaceutical Benefits Scheme) Act 2021 (Cth) National Health (Pharmaceutical Benefits) Regulations 2017 (Cth)
Cases cited: Halal Certification Authority v Flujo Sanguineo Holdings (2023) 176 IPR 45 Paul v Cooke (2013) 85 NSWLR 167 SZTAL v Minister v Immigration and Border Protection (2017) 262 CLR 362 Taheri v Vitek (2014) 87 NSWLR 403
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 64
Date of last submissions: 22 April 2024
Date of hearing: 2 May 2024
Counsel for the Applicants: Mr B Lim with Ms H Ryan
Solicitor for the Applicants: Arnold Bloch Leibler
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