Pfeizer Pty Ltd v Birkett [1999] FCA 1778

Pfeizer Pty Ltd v Birkett [1999] FCA 1778

The affidavits of Dr McMahon were rejected because they sought to disprove matters of opinion rather than fact as required under the 'no evidence' ground of the ADJR Act, and because new evidence not before the decision maker (and not unreasonably omitted) is not admissible in support of an unreasonableness ground.

Jurisdiction
Australia
Judgment Date
07 December 1999
Procedural Posture
Application for Judicial Review / Interlocutory Application on Evidentiary Admissibility
Outcome
Applicant's evidentiary motion dismissed; Affidavits rejected
Legal Topics
['admissibility of Evidence' 'judicial Review' 'unreasonableness' 'no Evidence Ground' 'opinions Versus Facts in Administrative Law']
['administrative Law'] ['admissibility of Evidence' 'judicial Review' 'unreasonableness' 'no Evidence Ground' 'opinions Versus Facts in Administrative Law']

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Procedural Posture

Application for Judicial Review / Interlocutory Application on Evidentiary Admissibility

Legal Issues

  1. 1 ['Whether the affidavits of Dr Christopher Gordon McMahon are admissible in support of the grounds in the judicial review application on the basis that they seek to disprove matters of fact on which the administrative decision was based' 'Whether the affidavits can be relied upon in support of the unreasonableness ground where the material was not before the decision maker']

Ratio Decidendi

The affidavits of Dr McMahon were rejected because they sought to disprove matters of opinion rather than fact as required under the 'no evidence' ground of the ADJR Act, and because new evidence not before the decision maker (and not unreasonably omitted) is not admissible in support of an unreasonableness ground.

Court Disposition

Applicant's evidentiary motion dismissed; Affidavits rejected

Orders

  • ['The two affidavits of Christopher Gordon McMahon, sworn respectively on 9 November 1999 and 6 December 1999, are rejected.']