Darnell v Stonehealth Pty Ltd [2021] FCA 398

Federal Court of Australia

Darnell v Stonehealth Pty Ltd [2021] FCA 398 File number: QUD 51 of 2021

Judgment of: LOGAN J

Date of judgment: 11 March 2021

Catchwords: ADMINISTRATIVE LAW – interlocutory application for an order pursuant to s 23 of the Federal Court Act 1976 (Cth) to restrain the Australian Community Pharmacy Authority (the Authority) from making any determination regarding applications in respect of certain premises – where the Authority is not due to consider the applicant's Application – where the Authority offers undertaking in respect of the applicant – interlocutory application for an order pursuant to s 23 to restrain the Authority from making any determination regarding applications in respect of a certain premises made by the fourth respondent – where the fourth respondent not pressing for substantive relief – where fourth respondent's application materially similar to the first respondent's – application dismissed PRACTICE AND PROCEDURE – oral application to join party as the fourth respondent – where interlocutory application by the applicant withdrawn – where similar interlocutory application sought to be made orally by the fourth respondent – leave granted COSTS – application by first, second and third respondents for costs order – where applicant submitted that undertaking offered was late – whether appropriate to reserve costs in interlocutory application – costs awarded to first, second and third respondents

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 16 Federal Court of Australia Act 1976 (Cth) s 23 Judiciary Act 1903 (Cth) s 39B National Health Act 1953 (Cth) ss 90, 99K, 99L National Health (Australian Community Pharmacy Authority Rules) Determination 2018 (Cth) Sch 1