Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hallgath v Australian Community Pharmacy Authority (No 2) [2011] FCA 1074 Citation: Hallgath v Australian Community Pharmacy Authority (No 2) [2011] FCA 1074
Parties: KENNETH HALLGATH v AUSTRALIAN COMMUNITY PHARMACY AUTHORITY, THE SECRETARY OF THE DEPARTMENT OF HEALTH AND AGEING and CKK SERVICES PTY LTD ACN 151 255 060
File number: QUD 222 of 2011
Judge: LOGAN J
Date of judgment: 14 September 2011
Corrigendum: 27 September 2011
Catchwords: ADMINISTRATIVE LAW – judicial review of recommendation decision of first respondent – whether no evidence to justify decision – whether construction of item in Ministerial Determination meant that no evidence was available – on true construction of determination, evidence available to support decision – application dismissed STATUTORY INTERPRETATION – Ministerial Determination – meaning of 'legal right to occupy proposed premises' as at certain dates – whether signed lease which commenced after those dates was a 'legal right to occupy' – interpretation of 'proposed' – applicant had legal right to occupy proposed premises at relevant dates
Legislation: Acts Interpretation Act 1901 (Cth) s 15AB National Health Act 1953 (Cth) ss 90, 99K, 99L National Health (Australian Community Pharmacy Authority Rules) Determination 2006 ss 6, 6A, 9, Sch 2
Cases cited: Commonwealth of Australia v Horsfall (2010) 115 ALD 344 considered Momcilovic v The Queen [2011] HCA 34 applied Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 followed Smoker v Pharmacy Restructuring Authority (1994) 53 FCR 287 considered
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