Watson v Australian Community Pharmacy Authority [2011] FCA 1121

FEDERAL COURT OF AUSTRALIA

Watson v Australian Community Pharmacy Authority [2011] FCA 1121 Citation: Watson v Australian Community Pharmacy Authority [2011] FCA 1121

Parties: CRAIG WATSON v AUSTRALIAN COMMUNITY PHARMACY AUTHORITY, PAUL MASON AND ROBERT BELE and SECRETARY OF THE DEPARTMENT OF HEALTH AND AGEING

File number: QUD 565 of 2010

Judge: REEVES J

Date of judgment: 29 September 2011

Catchwords: ADMINISTRATIVE LAW – judicial review of recommendation decision – consideration of "no evidence" ground in s 5(1)(h) of the Administrative Decisions (Judicial Review) Act 1977 – consideration of s 5(3)(a) of the Administrative Decisions (Judicial Review) Act 1977 and whether a particular matter had to be established as an objective fact – whether criteria to be satisfied for recommendation constitute jurisdictional facts – consideration of s 5(3)(b) of the Administrative Decisions (Judicial Review) Act 1977 – applies to critical facts in the chain of reasoning decision based on – to succeed those critical facts must be shown not to have existed at the time of decision – consideration of ostensible authority to bind co-lessors – consideration of capacity of one co-owner to bind other co-owners HELD – "no evidence" ground not made out – application dismissed

Legislation: National Health (Australian Community Pharmaceutical Authority Rules) Determination 2006 (Cth) s 9, Schedule 2 Item 201 National Health Act 1953 (Cth) s 90 Administrative Appeals Tribunal Act 1975 (Cth) s 42D Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3, 5(1)(h), 5(3), 13(1) Legislative Instruments Act 2003 (Cth)