Federal Court of Australia
Federal Court of Australia
Stonehealth Pty Ltd v ZAA Ventures Pty Ltd as Trustee for ZAA Investment Trust [2020] FCA 1287 Appeal from: ZAA Ventures Pty Ltd as Trustee for ZAA Investment Trust v Australian Community Pharmacy Authority [2020] FCA 1227
File number: QUD 271 of 2020
Judgment of: RANGIAH J
Date of judgment: 3 September 2020
Catchwords: PRACTICE AND PROCEDURE – application for a stay of orders pending appeal – appeal would be futile in absence of stay – arguable point of construction – stay granted PRACTICE AND PROCEDURE – interlocutory application for injunction to prevent second respondent from considering, determining or making any recommendation under s 90 of the National Health Act 1953 (Cth) – injunction granted
Legislation: National Health Act 1953 (Cth) ss 89, 90, 90A and 99K National Health (Australian Community Pharmacy Authority Rules) Determination 2018 ss 5, 10 and Pt 2 of Sch 1
Cases cited: Break Fast Investments Pty Ltd v PCH Melbourne Pty Ltd [2007] VSCA 118 Stefanovski v Digital Central Australia (Assets) Pty Ltd [2017] FCA 1121 ZAA Ventures Pty Ltd as Trustee for ZAA Investment Trust v Australian Community Pharmacy Authority [2020] FCA 1227
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 32
Date of hearing: 3 September 2020
Counsel for the Appellant: Mr C Gunson SC with Ms R Howe
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