Nguyen v Secretary, Department of Health and Ageing [2002] FCA 1441

Nguyen v Secretary, Department of Health and Ageing [2002] FCA 1441

Section 98(1) of the National Health Act 1953 imposes a mandatory duty upon the Secretary to cancel approval upon an approved pharmacist's request, and this duty cannot be deferred pending possible Ministerial action under s 133 or rendered conditional by a request as to the timing of cancellation; consequently, the Secretary must forthwith cancel the approval as requested by Nguyen.

Jurisdiction
Australia
Judgment Date
22 November 2002
Procedural Posture
Judicial Review Application / Post Hearing Judgment and Orders
Outcome
Application by Nguyen for cancellation of approval successful; Secretary ordered to cancel approval. Chan's application adjourned; no final relief granted at this stage.
Legal Topics
['judicial Review' 'statutory Interpretation' 'mandatory and Discretionary Powers' 'national Health Act Cancellation/approval' 'delay in Decision Making']
['administrative Law'] ['judicial Review' 'statutory Interpretation' 'mandatory and Discretionary Powers' 'national Health Act Cancellation/approval' 'delay in Decision Making']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Judicial Review Application / Post Hearing Judgment and Orders

Legal Issues

  1. 1 ['Whether cancellation by the Secretary under s 98(1) National Health Act 1953 is mandatory upon request of approved pharmacist' 'Whether the Secretary may defer cancellation pending possible Ministerial revocation/suspension under s 133' 'Whether request for cancellation under s 98(1) may be conditional' 'Entitlement to relief for unreasonable delay in deciding approval/cancellation applications']

Ratio Decidendi

Section 98(1) of the National Health Act 1953 imposes a mandatory duty upon the Secretary to cancel approval upon an approved pharmacist's request, and this duty cannot be deferred pending possible Ministerial action under s 133 or rendered conditional by a request as to the timing of cancellation; consequently, the Secretary must forthwith cancel the approval as requested by Nguyen.

Court Disposition

Application by Nguyen for cancellation of approval successful; Secretary ordered to cancel approval. Chan's application adjourned; no final relief granted at this stage.

Orders

  • ['The first respondent forthwith cancel the approval of the applicant and Tina Trina Nguyen (also known as Teresa Phan) pursuant to s 90 of the National Health Act 1953 in respect of 270 Hampshire Road, Sunshine.' "The respondents pay the applicant's costs of the application, taxed in default of agreement."...