Pfizer Pty Ltd v Birkett [2000] FCA 303

Pfizer Pty Ltd v Birkett [2000] FCA 303

The PBAC did not err in taking into account overall government cost or likely misuse; considerations taken were proper under the legislative scheme. The PBAC did not fail to consider any mandatory relevant factors nor breach natural justice—matters relied on in the Committee's decision were adequately disclosed or were not of a nature requiring specific notification. No Wednesbury unreasonableness was demonstrated. The application is therefore dismissed.

Jurisdiction
Australia
Judgment Date
20 March 2000
Procedural Posture
Application for Judicial Review / Judgment at First Instance
Outcome
application dismissed
Legal Topics
['judicial Review' 'procedural Fairness' 'administrative Discretion' 'pharmaceutical Benefits Scheme' 'natural Justice' 'wednesbury Unreasonableness']
['administrative Law' 'health Law'] ['judicial Review' 'procedural Fairness' 'administrative Discretion' 'pharmaceutical Benefits Scheme' 'natural Justice' 'wednesbury Unreasonableness']

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Procedural Posture

Application for Judicial Review / Judgment at First Instance

Legal Issues

  1. 1 ['Whether PBAC took irrelevant considerations into account in declining to recommend listing of sildenafil on the PBS' 'Whether PBAC failed to take relevant considerations into account' 'Whether PBAC breached the rules of natural justice in its procedures' "Whether the PBAC's decision was so unreasonable that no reasonable decision-maker could have made it (Wednesbury unreasonableness)"]

Ratio Decidendi

The PBAC did not err in taking into account overall government cost or likely misuse; considerations taken were proper under the legislative scheme. The PBAC did not fail to consider any mandatory relevant factors nor breach natural justice—matters relied on in the Committee's decision were adequately disclosed or were not of a nature requiring specific notification. No Wednesbury unreasonableness was demonstrated. The application is therefore dismissed.

Court Disposition

application dismissed

Orders

  • ['The application be dismissed.' "The applicant pay the respondents' costs."]