Jele Chemists Pty Ltd v Australian Community Pharmacy Authority [2022] FCA 1445

Federal Court of Australia

Jele Chemists Pty Ltd v Australian Community Pharmacy Authority [2022] FCA 1445 File number(s): QUD 293 of 2022

Judgment of: COLLIER J

Date of judgment: 30 November 2022

Catchwords: PRACTICE AND PROCEDURE - application for interlocutory injunction – whether applicants can demonstrate a serious question to be tried – whether the balance of convenience favours a grant of injunction – no serious question to be tried – balance of convenience does not favour grant of interlocutory injunction – application dismissed COSTS – whether prospective third respondent entitled to costs of the interlocutory application in which another party was seeking it be joined and injuncted – whereas the prospective third respondent made a submitting appearance – whereas prospective third respondent was required to participate at hearing and made submissions of assistance to the Court – prospective third respondent entitled to costs

Legislation: Administrative Decision (Judicial Review) Act 1977 (Cth) Federal Court of Australia Act 1976 (Cth) National Health (Australian Community Pharmacy Authority Rules) Determination 2018 (Cth)

Cases cited: Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57 Hallgath v Australian Community Pharmacy Authority [2011] FCA 1062 Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559; [1997] HCA 22 Planning Act 2016 (Qld) Rawson Finances Pty Ltd v Commissioner of Taxation [2013] FCAFC 26 SPI Electricity Pty Ltd v Australian Energy Regulator [2014] FCA 1012