Big Country Developments Pty Ltd v Australian Community Pharmacy Authority & Ors [1995] FCA 835

CATCHWORDS

ADMINISTRATIVE LAW - Administrative Decisions (Judicial Review) Act, 1977 ("AD(JR) Act") - person "aggrieved" - application by pharmacist under lease about to expire of shop in shopping centre owned by applicant in these proceedings to Secretary, Department of Human Services and Health for Secretary's approval under s 90 of National Health Act 1953 ("the Act") of his relocation of pharmacy to a shopping centre approximately one kilometre away - Australian Community Pharmacy Authority recommends approval - effect of relocation that pharmacist would not renew lease of shop in applicant's shopping centre, that there would be no pharmacy in that shopping centre and that applicant would suffer commercially - applicant asserting to Authority that pharmacist not entitled as of right to approval because new site is more than one kilometre from existing site so that terms of Determination under the Act not satisfied - pharmacist making representations to Authority to contrary - whether applicant's commercial interest in having pharmacist take further lease of shop and in having pharmacy in shopping centre qualifies it as a person "aggrieved" by Authority's recommendation to Secretary - whether Authority's responses to applicant's submissions in respect of method of measuring distance between the two sites has "involved" applicant in procedures antecedent to Authority's decision as to recommendation to be made, so as to qualify applicant as a person "aggrieved" under AD(JR) Act. Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 3 (4), 5 (1). National Health Act 1953 (Cth), ss 89, 90, 98, 99K, 99L. Alphapharm Pty Ltd v Smithkline Beecham (Australia) Pty Ltd (1994) 49 FCR 250 (FC). Pharmacy Restructuring Authority v Martin (1994) 53 FCR 589 (FC). Loveridge v Pharmacy Restructuring Authority, unreported, FCA/Whitlam J, 23 August 1995. BIG COUNTRY DEVELOPMENTS PTY LIMITED v AUSTRALIAN COMMUNITY PHARMACY AUTHORITY & ORS No NG 713 of 1995 Lindgren J Perth 17 October 1995