Federal Court of Australia
JUDGMENT No. .... 200. 94
CATCHWORODS
SOCIAL WELFARE - Pharmacy industry - Approval of pharmacists
supplying pharmaceutical benefits - Application to Secretary for approval of supply at new premises - Reference of application to Pharmacy Restructuring Authority for
recommendation - Guidelines specified in Determination made hy Minister - Whether Authority is bound by guidelines - Reference in guidelines to calculation of distance "by normal access routes" - Meaning of this term - Whether or not Authority is bound to notify application to persons whose financial interests may be affected adversely by approval and to hear them before making a decision as to its
recommendation.
National Health Act 1953, ss 90, 99K, 99L and 99N.
PHARMACY RESTRUCTURING AUTHORITY and SECRETARY, DEPARTMENT OF COMMUNITY SERVICES & HEALTH v LORRAINE ELIZABETH MARTIN, NATALIE RIDGEWAY and KIM PHUONG TRAN aka KIM PHOUNG LAM,
PHOUNG LAM and LILY PHOUNG LAM
No. NG 556 of 1994
CORAM: WILCOX, FOSTER & WHITLAM JJ PLACE; SYDNEY DATE: 28 NOVEMBER 1994
RECEIVED 28 NOV 1994
FEDERAL COURT OF AUSTRALIA
PRINCIPAL REGISTRY
'N
IN_THE FEDERAL COURT OF AUSTRALIA )
No. NG556 of 1994 SOUTH WALES DISTRICT REGISTRY
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GENERAL DIVISION
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: PHARMACY RESTRUCTURING AUTHORITY
First Appellant SECRETARY, DEPARTMENT OF COMMUNITY SERVICES AND HEALTH
Second Appellant
AND: LORRAINE ELIZABETH MARTIN and NATALIE RIDGEWAY
First Respondents and
KIM PHUONG TRAN aka KIM PHOUNG LAM, PHOUNG LAM and LILY PHOUNG LAM
Second Respondents
CORAM: WILCOX, FOSTER & WHITLAM JJ PLACE: SYDNEY DATE: 28 NOVEMBER 1994
MINUTES OF ORDER
THE VLOURT ORDERS THAT.
1. The appeal be allowed
2. The orders made by tne primary Judge on 5 August 1994 be set aside and in lieu thereof :t be ordered that tne Application be dismissed with costs.
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