Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nyoni v Pharmacy Board of Australia (No 2) [2016] FCA 1397 File number(s): WAD 357 of 2014
Judge(s): SIOPIS J
Date of judgment: 25 October 2016
Catchwords: CONSUMER LAW – the third respondent published on its website a list of conditions which had been imposed by the first respondent on the practice of the applicant as a registered pharmacist – the applicant alleged that the imposition and publication of the conditions comprised misleading or deceptive conduct and gave rise to defamatory imputations – the applicant alleged that the second respondent was accessorily liable – whether there was an evidentiary foundation for making the claim against the second respondent – whether the applicant's claim against the second respondent should be summarily dismissed under s 31A of the Federal Court of Australia Act 1976 (Cth).
Legislation: Federal Court of Australia Act 1976 (Cth) s 31A Australian Consumer Law ss 2, 236 (Sch 2 of the Competition and Consumer Act 2010 (Cth)) Competition and Consumer Act 2010 (Cth) s 75B Poisons Act 1964 (WA) Sch 8, ss 23(2), 23(2)(a)
Cases cited: Nyoni v Shire of Kellerberrin (No 6) [2015] FCA 1294 Spencer v Commonwealth (2010) 241 CLR 118 Yorke v Lucas (1985) 158 CLR 661
Date of hearing: 25 October 2016
Registry: Western Australia
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