Inas Karem Holdings Pty Ltd v Secretary, Department of Health and Aged Care [2024] FCA 352

Federal Court of Australia

Inas Karem Holdings Pty Ltd v Secretary, Department of Health and Aged Care [2024] FCA 352 Appeal from: Inas Karem Holdings Pty Ltd and Secretary, Department of Health and Aged Care [2023] AATA 754

File number: NSD 353 of 2023

Judgment of: KATZMANN J

Date of judgment: 10 April 2024

Catchwords: HEALTH LAW – pharmaceutical benefits – where applicant had approval to supply pharmaceutical benefits from certain premises but was no longer carrying on business from those premises – where in those circumstances s 98(3) of National Health Act 1953 (Cth) gives Departmental Secretary discretion to cancel approval – where approval cancelled by delegate of Departmental Secretary and applicant applied for review in Administrative Appeals Tribunal – whether Tribunal erred in law in affirming cancellation – whether Tribunal failed to give any or any adequate reasons for its decision – whether Tribunal failed to exercise its discretion – whether Tribunal failed to consider applicant's claims, arguments and evidence – whether Tribunal assumed that matters which enlivened discretion were determinative of its exercise

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 43(2B), 44 National Health Act 1953 (Cth) ss 90, 98(3)

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 ARM Constructions Pty Ltd v Deputy Commissioner of Taxation (1986) 10 FCR 197 Karabolovska v Comcare [2019] FCA 2153; 81 AAR 116; 169 ALD 117 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Shaffer v Secretary, Department of Health and Aged Care (2002) 124 FCR 234 WH Soul Pattinson & Co Ltd v Secretary, Department of Health and Family Services (1997) 74 FCR 339