Banias, Chris v Australian Community Pharmacy Authority & Ors [1997] FCA 648

Banias, Chris v Australian Community Pharmacy Authority & Ors [1997] FCA 648

The Authority was entitled, on the material before it, to rely on the Peyton Waite surveyor's report that the shortest practical public pedestrian route between the existing and proposed premises using the Oulton Crescent pedestrian access was 907.5 metres. In context, "lawful" in "shortest lawful access route" meant a route not forbidden by law, and the report's description of a public pedestrian route was sufficient material for the Authority to conclude that the route was a lawful access route within paragraph 6(a) of the Determination. The alleged errors of law, no evidence ground, irrelevant and relevant consideration grounds, and unreasonableness ground were not made out.

Jurisdiction
Australia
Judgment Date
18 July 1997
Procedural Posture
Application for Order of Review Under S5(1) of the Administrative Decisions (judicial Review) Act 1977 / Final Judgment
Outcome
Application dismissed.
Legal Topics
['judicial Review of Administrative Decision' 'approval of Pharmacists to Supply Pharmaceutical Benefits' 'meaning of "shortest Lawful Access Route"' 'no Evidence Ground' 'relevant and Irrelevant Considerations' 'unreasonableness' 'admissibility of Material Not Before Decision Maker']
['administrative Law' 'pharmaceutical Benefits'] ['judicial Review of Administrative Decision' 'approval of Pharmacists to Supply Pharmaceutical Benefits' 'meaning of "shortest Lawful Access Route"' 'no Evidence Ground' 'relevant and Irrelevant Considerations' 'unreasonableness' 'admissibility of Material Not Before Decision Maker']

Case Brief

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Procedural Posture

Application for Order of Review Under S5(1) of the Administrative Decisions (judicial Review) Act 1977 / Final Judgment

Legal Issues

  1. 1 ['Whether the Australian Community Pharmacy Authority misconstrued "shortest lawful access route" in paragraph 6(a) of the Minister\'s Determination.' "Whether there was evidence or other material before the Authority to justify recommending approval of Weir & Alexander's relocation application." "Whether the Authority took an irrelevant consideration into account by relying on the Peyton Waite surveyor's report." 'Whether the Authority failed to take relevant considerations into account concerning consent to use, obstruction, continuity and indication of the route across the Target land.' "Whether the Authority's decision was so unreasonable that no reasonable person could have made it." 'Whether evidence not before the Authority was admissible on the review application.']

Ratio Decidendi

The Authority was entitled, on the material before it, to rely on the Peyton Waite surveyor's report that the shortest practical public pedestrian route between the existing and proposed premises using the Oulton Crescent pedestrian access was 907.5 metres. In context, "lawful" in "shortest lawful access route" meant a route not forbidden by law, and the report's description of a public pedestrian route was sufficient material for the Authority to conclude that the route was a lawful access route within paragraph 6(a) of the Determination. The alleged errors of law, no evidence ground, irrelevant and relevant consideration grounds, and unreasonableness ground were not made out.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.' 'Paragraph 1 of the order made 14 March 1997 be vacated.' "The applicant pay the respondents' taxed costs of the application including reserved costs."]