Choice Pharmacy Vincentia Pty Ltd v Australian Community Pharmacy Authority (No 2) [2020] FCA 363

Choice Pharmacy Vincentia Pty Ltd v Australian Community Pharmacy Authority (No 2) [2020] FCA 363

Where the applicant succeeded on grounds 1, 2, and 2A and parties agreed those grounds could be determined before other issues, it was not necessary or appropriate to proceed with outstanding grounds; relief followed that the recommendation and subsequent approval decision be set aside with effect from a defined future date.

Jurisdiction
Australia
Judgment Date
18 March 2020
Procedural Posture
Judicial Review Application / Post Hearing, Determination on the Papers
Outcome
Grounds 1, 2 and 2A established; recommendation and decision set aside with effect from 8 April 2020; application remitted for further consideration; costs ordered against third respondent.
Legal Topics
['judicial Review' 'recommendations of Statutory Authority' 'discretion to Grant Relief' 'costs']
['administrative Law'] ['judicial Review' 'recommendations of Statutory Authority' 'discretion to Grant Relief' 'costs']

Case Brief

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Procedural Posture

Judicial Review Application / Post Hearing, Determination on the Papers

Legal Issues

  1. 1 ['Whether partial hearing on some grounds warranted final orders' 'Whether recommendations and decisions under National Health Act 1953 (Cth) should be set aside' 'Whether relief should be immediate or deferred' 'Whether costs should be ordered against any party']

Ratio Decidendi

Where the applicant succeeded on grounds 1, 2, and 2A and parties agreed those grounds could be determined before other issues, it was not necessary or appropriate to proceed with outstanding grounds; relief followed that the recommendation and subsequent approval decision be set aside with effect from a defined future date.

Court Disposition

Grounds 1, 2 and 2A established; recommendation and decision set aside with effect from 8 April 2020; application remitted for further consideration; costs ordered against third respondent.

Orders

  • ['Grounds 1, 2 and 2A of the amended originating application for judicial review have been established.' 'The recommendation made by the first respondent to the second respondent on 9 June 2017 and the decision to approve the application by the second respondent on 4 December 2017 are set aside with effect from 8...