Nguyen v Secretary, Department of Health and Ageing [2002] FCA 1441

FEDERAL COURT OF AUSTRALIA

Nguyen v Secretary, Department of Health and Ageing [2002] FCA 1441 ADMINISTRATIVE LAW - application for judicial review - first applicant requested cancellation by the Secretary to the Department of Health and Ageing approval as an "approved pharmacist" under s 98(1) of the National Health Act 1953 (Cth) - approval granted jointly to first applicant and her sister who was later convicted of fraud against Commonwealth and retired from partnership with first applicant - first applicant sells pharmacy to second applicant who requests an approval to operate the pharmacy under s 90(3AA)(a) of the National Health Act - Secretary refusing to process second applicant's request until first applicant's request has been dealt with - whether cancellation upon request under s 98(1) is mandatory - whether Secretary entitled to defer consideration of cancellation pending decision by Minister under s 133 - whether request for cancellation conditional - whether obligation to cancel arises immediately on request - whether second applicant entitled to interlocutory injunction.

National Health Act 1953 (Cth)ss 90, 98, 133, 134A Crimes Act 1914 (Cth)s 29D Administrative Decisions (Judicial Review) Act 1977 (Cth)ss 5, 6 and 7 Judiciary Act 1903 (Cth)s 39B(1A) Federal Court of Australia Act (Cth)s 23 Grunwick Processing Laboratories Ltd v Advisory Conciliation and Arbitration Service [1978] AC 655 Grech v Heffey (1991) 106 ALR 570 Director of Public Prosecutions v Hiep Huu Le (1998) 156 ALR 110 Soul Pattinson & Co Ltd v Secretary, Department of Health and Family Services (1997) 74 FCR 339 Shaffer v Secretary, Department of Health and Aged Care [2002] FCA 1028 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Cummins v Pharmacy Restructuring Authority (1992) 107 ALR 316 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 125 CLR 125