Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Attia v Australian Community Pharmacy Authority [2005] FCA 1523 ADMINISTRATIVE LAW – judicial review – pharmaceutical benefits – decision not to recommend transfer of existing pharmaceutical benefits approval – whether large shopping centre – whether under a single management WORDS AND PHRASES – 'under single management' STATUTES – interpretation – reference to object of Determination – whether intention to create separate criterion of single management National Health Act 1953 (Cth), s 90 Pharmaceutical Benefits Determination under subsection 99L(1) of the National Health Act 1953 (Cth)No. PB 8 of 2000
CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 cited McNamara (McGrath) v Consumer Trader and Tenancy Tribunal [2005] HCA 55 cited Mills v Meeking (1990) 169 CLR 214 cited Stevens v Kabushiki Kaisha Sony Computer Entertainment [2005] HCA 58 cited MINA ATTIA and ANAREN HANNA v AUSTRALIAN COMMUNITY PHARMACY AUTHORITY ACD 30 of 2004 MADGWICK J 28 OCTOBER 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY ACD 30 OF 2004
ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: MINA ATTIA and ANAREN HANNA
APPLICANTS
AND: AUSTRALIAN COMMUNITY PHARMACY AUTHORITY
RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 28 OCTOBER 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The matter be remitted to the Administrative Appeals Tribunal for further consideration in accordance with law. 3. The respondent is to pay the applicant's costs of the appeal.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY ACD 30 OF 2004
BETWEEN: MINA ATTIA and ANAREN HANNA
APPLICANTS
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