Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Yu v Minister for Health [2013] FCA 261 Citation: Yu v Minister for Health [2013] FCA 261
Parties: SIMON YU v MINISTER FOR HEALTH, AUSTRALIAN COMMUNITY PHARMACY AUTHORITY, SECRETARY TO THE DEPARTMENT OF HEALTH AND AGEING and STEVEN BARLOW AND SHANE WELLER
File number: VID 613 of 2012
Judge: JESSUP J
Date of judgment: 27 March 2013
Catchwords: ADMINISTRATIVE LAW - decision by Minister to approve fourth respondents to supply pharmaceutical benefits – decision by Minister in substitution for decision of Secretary under s 90A of National Health Act 1953 (Cth) – whether rules of natural justice apply to decision by Minister under s 90A of National Health Act 1953 (Cth) – whether applicant has sufficient interest in Minister's decision – whether Minister required to afford applicant procedural fairness – whether Minister's decision affected by jurisdictional error – whether relief should be withheld under s 16 of Administrative Decisions (Judicial Review) Act 1977 (Cth)
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5 and 16 National Health Act 1953 (Cth) ss 90, 90A, 90B, 90D, 98, 99K and 99L Pharmacy Regulation Act 2010 (Vic) s 21 National Health (Australian Community Pharmacy Authority Rules) Determination 2006 ss 6, 9 and 10 National Health (Australian Community Pharmacy Authority Rules) Determination 2011 ss 3, 4, 6l 10 and 11
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