Secretary, Department of Health & Ageing v Nguyen [2002] FCAFC 416

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Health & Ageing v Nguyen [2002] FCAFC 416

ADMINISTRATIVE LAW – appeal from a decision of a single Judge granting an application for judicial review – whether Secretary to the Department of Health and Ageing may refuse to process request for cancellation of approval as an "approved pharmacist" pending decision by the Minister for Health and Ageing as to whether to revoke the approval. National Health Act 1953 (Cth) ss 90, 98, 133(2)(b), 134A Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 considered Cummins v Pharmacy Restructuring Authority (1992) 35 FCR 308 considered Koon Wing Lau v Calwell (1949) 80 CLR 533 cited Bidjara Aboriginal Housing and Land Company Ltd v Indigenous Land Corporation (2001) 106 FCR 203 cited Bermingham v Corrective Services Commission of New South Wales (1988) 15 NSWLR 292 cited Newcastle City Council v GIO General Ltd (1997) 191 CLR 85 cited Reg v Young (1999) 46 NSWLR 681 cited General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 applied THE SECRETARY, DEPARTMENT OF HEALTH AND AGEING, THE MINISTER FOR HEALTH AND AGEING v KIMBERLEY NGUYEN V 823 OF 2002 BLACK CJ, SUNDBERG and FINKELSTEIN JJ 11 DECEMBER 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 823 OF 2002

On appeal from a single judge of the Federal Court of Australia

BETWEEN: THE SECRETARY, DEPARTMENT OF HEALTH AND AGEING

FIRST APPELLANT

THE MINISTER FOR HEALTH AND AGEING

SECOND APPELLANT

AND: KIMBERLEY NGUYEN

RESPONDENT

JUDGES: BLACK CJ, SUNDBERG and FINKELSTEIN JJ DATE OF ORDER: 11 DECEMBER 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellants pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.