Rogers v Secretary, Department of Health and Ageing [2004] FCA 552

FEDERAL COURT OF AUSTRALIA

Rogers v Secretary, Department of Health and Ageing [2004] FCA 552 ADMINISTRATIVE LAW – appeal from decision of Administrative Appeals Tribunal – cancellation of approval to supply pharmaceutical benefits – approved pharmacist not carrying on business at premises in respect of which pharmacist approved – trading in approvals - whether Tribunal failed to recognise the policy objectives of maintaining a viable and well distributed community pharmacy network – whether Tribunal failed to take a relevant consideration into account

National Health Act 1953 (Cth) subs 98(3) Administrative Appeals Tribunal Act 1975 (Cth) s 43 Administrative Decisions (Judicial Review) Act 1977 (Cth) subs 5(2)(b) Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 cited Shaffer v Secretary, Department of Health and Aged Care (2002) 124 FCR 234 referred to Sean Investments Pty Ltd v MacKellar (1982) 38 ALR 363 considered Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 considered

Third Community Pharmacy Agreement, cl 4.1(a) and 4.1(f) ALLAN ROGERS and GEOFFREY PRIOR v SECRETARY, DEPARTMENT OF HEALTH AND AGEING No Q 8 of 2004 SPENDER J BRISBANE 13 MAY 2004

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 8 OF 2004

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: ALLAN ROGERS and GEOFFREY PRIOR

APPLICANTS

AND: SECRETARY, DEPARTMENT OF HEALTH AND AGEING

RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 13 MAY 2004

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The applicants pay the respondent's costs, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.