Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sayegh v Australian Community Pharmacy Authority [2006] FCA 1289
ADMINISTRATIVE LAW – appeal from decision of the Administrative Appeals Tribunal – review of decision to recommend that an application for relocation of pharmacy premises not be approved – meaning of 'nearest other premises' – method to be used in identifying nearest other premises National Health Act 1953 (Cth) s 90, 99L Interlego AG v Croner Trading Pty Ltd (1992) 39 FCR 348 referred to Murphy v Farmer (1988) 165 CLR 19 referred to Pharmacy Guild of Australia v Australian Community Pharmacy Authority (1996) 70 FCR 462 approved Re Levis and Australian Community Pharmacy Authority (1998) 51 ALD 757 referred to Registrar of Titles (WA) v Franzon (1975) 132 CLR 611 referred to Smoker v Pharmacy Restructuring Authority (1994) 53 FCR 287 referred to JOHN SAYEGH v AUSTRALIAN COMMUNITY PHARMACY AUTHORITY NSD 2320 OF 2005
STONE J
28 SEPTEMBER 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2320 OF 2005
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: JOHN SAYEGH
Applicant
AND: AUSTRALIAN COMMUNITY PHARMACY AUTHORITY
Respondent
JUDGE: STONE J DATE OF ORDER: 28 SEPTEMBER 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The respondent's notice of contention be upheld. 2. The application be dismissed. 3. The applicant pay the respondent's costs of this application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2320 OF 2005
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: JOHN SAYEGH
Applicant
AND: AUSTRALIAN COMMUNITY PHARMACY AUTHORITY
Respondent
JUDGE: STONE J
DATE: 28 SEPTEMBER 2006
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