Nguyen v Minister for Health & Ageing [2002] FCA 1241

FEDERAL COURT OF AUSTRALIA

Nguyen v Minister for Health & Ageing [2002] FCA 1241 ADMINISTRATIVE LAW – application for judicial review – decision by Minister for Health and Ageing to revoke approval as "approved pharmacist" under s 133(2)(b) of the National Health Act 1953 (Cth) – approval granted jointly to applicant and her sister – applicant's sister convicted of fraud – power to revoke – whether single approval granted jointly or more than one approval – whether approval can only be revoked in its entirety – whether power to revoke includes power of partial revocation – discretion – whether Minister's discretion miscarried by reason of erroneous construction of relevant statutory provision National Health Act 1953 (Cth) ss 4, 84, 85(1), 87, 89, 90, 92A(3), 95(1), (8), 98(1), (3), 99, 133 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Acts Interpretation Act 1901 (Cth) ss 15AA, 23, 33 Re Stormon and Pharmacy Restructuring Authority (1995) 37 ALD 315 at 319 referred to Heslehurst v New Zealand (2002) 189 ALR 99 at 103 referred to Registrar of Liquor Licences v Iliadis (1988) 19 FCR 311 at 313 and 314-315 discussed Sotomayor v Registrar of Liquor Licences (1990) 100 FLR 249 discussed R v Lewes Justices; Ex parte Trustees of the Plumpton and District Club [1960] 1 WLR 700 discussed Crafter v McKeough [1943] SASR 371 at 377 referred to Edenmead Pty Ltd v Commonwealth of Australia (1984) 59 ALR 359 referred to Parkes Rural Distributions Pty Ltd v Glasson (1986) 7 NSWLR 332 at 335 referred to Bond Corporation Holdings Ltd v Australian Broadcasting Tribunal (1988) 84 ALR 669 at 678-679 referred to Collector of Customs (NSW) v Brian Lawlor Automotive Pty Ltd (1979) 24 ALR 307 referred to Mabey v Australian Film Commission (1984) 57 ALR 583 referred to Australian Capital Equity Pty Ltd v Beale (1993) 114 ALR 50 referred to Attorney-General v Great Eastern Railway Co. (1880) 5 App Cas 473 referred to Laird v Municipality of Portland [1958] Tas SR 90 referred to Thompson v Minister for Education of Queensland (1993) 29 ALD 525 referred to Hurst v Picture Theatres Ltd [1915] 1 KB 1 referred to Barker v The Queen (1983) 153 CLR 338 discussed Brenchley v Lynn (1852) 2 Rob Eccl 441 at 462 referred to In the Will of F.J.Page [1969] 1 NSWR 471 referred to Leonard v Leonard [1902] P 243 referred to Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297 referred to C Enright, Federal Administrative Law (2001) at 70 F Bennion, Statutory Interpretation (3rd ed. 1997) at 18 KIMBERLEY NGUYEN v MINISTER FOR HEALTH AND AGEING V580 of 2002 WEINBERG J 10 OCTOBER 2002 MELBOURNE