Loveridge J.A. & Anor v Pharmacy Restructuring Authority & Ors [1995] FCA 647

CATCHWORDS SOCIAL WELFARE - National Health Legislation - Pharmaceutical Benefits Scheme -approval of pharmacists - application to relocate premises - no obligation to notify other approved pharmacists ADMINISTRATIVE LAW - judicial review - competency of application - competitors challenging approval of another pharmacist Administrative Decisions (Judicial Review) Act 1977, ss 3(4)(a), 5(1) National Health Act 1953, s 90 Pharmacy Restructuring Authority v Martin (1994) 53 FCR 589 appld JOHN ANDREW LOVERIDGE and PAMELA MAY LOVERIDGE v PHARMACY RESTRUCTURING AUTHORITY and ORS No. NG 840 of 1994 Coram: Whitlam J Place: Sydney Date: 23 August 1995

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 840 of 1994 ) GENERAL DIVISION ) JOHN ANDREW LOVERIDGE and PAMELA MAY LOVERIDGE Applicants PHARMACY RESTRUCTURING AUTHORITY First Respondent SECRETARY TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES Second Respondent WALTER VINCENT HILL Third Respondent PATRICIA LILLY TEREBUH Fourth Respondent Coram: Whitlam J Place: Sydney Date: 23 August 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The application be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 840 of 1994 ) GENERAL DIVISION ) JOHN ANDREW LOVERIDGE and PAMELA MAY LOVERIDGE Applicants PHARMACY RESTRUCTURING AUTHORITY First Respondent SECRETARY TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES Second Respondent WALTER VINCENT HILL Third Respondent PATRICIA LILLY TEREBUH Fourth Respondent Coram: Whitlam J Place: Sydney Date: 23 August 1995 REASONS FOR JUDGMENT Introduction The applicants, John and Pam Loveridge, are husband and wife. They own a pharmacy business in a shopping complex called Penrith Plaza. Mr Loveridge is an "approved pharmacist" within the meaning of s 84(1) of the National Health Act 1953 ("the Act"). From about 1 March 1992 until November 1994 the applicants carried on the only pharmacy business in the complex.