Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Yu v Minister for Health (No 2) [2013] FCA 367 Citation: Yu v Minister for Health (No 2) [2013] FCA 367
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: 24 April 2013
Catchwords: REMEDIES – successful challenge to Minister's decision under s 5 of Administrative Decisions (Judicial Review) Act 1977 (Cth) – whether Minister's decision should be set aside from date of decision – whether failure to observe rules of natural justice nullifies Minister's decision – matters relevant to exercise of power under s 16 of Administrative Decisions (Judicial Review) Act 1977 (Cth) ADMINISTRATIVE LAW – whether recommendation of second respondent involved error of law or was contrary to law – whether decision of third respondent affected by Minister's failure to observe rules of natural justice COSTS – costs awarded on conventional basis – whether fourth respondents should bear costs of interlocutory application
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 16 National Health Act 1953 (Cth) ss 85, 86, 87, 89, 90, 90A, 90B, 90D, 90E
Cases cited: Jadwan v Department of Health (2003) 145 FCR 1 Minister for Immigration and Citizenship v Maman [2012] FCAFC 13 Yu v Minister for Health [2013] FCA 261
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