Samad v District Court of New South Wales [2002] HCA 24

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, McHUGH, GUMMOW AND CALLINAN JJ

ABDUS SAMAD & ORS APPELLANTS

AND

DISTRICT COURT OF RESPONDENTS

NEW SOUTH WALES & ANOR

Samad v District Court of New South Wales

[2002] HCA 24

20 June 2002

S189/2001

ORDER

1. Appeal allowed. 2. Set aside order of the Court of Appeal of New South Wales dated 28 November 2000. 3. Order in the nature of certiorari quashing orders 1, 2 and 3 made by the District Court of New South Wales on 14 April 2000. 4. Remit matter to the District Court of New South Wales for rehearing according to law. 5. Second respondent to pay the costs of the appeal, and of the proceedings in the Court of Appeal and in the District Court to date.

On appeal from the Supreme Court of New South Wales

Representation:

A Robertson SC with G L Turner for the appellants (instructed by Yandell Wright Stell)

No appearance for the first respondent

J Basten QC with R P L Lancaster for the second respondent (instructed by Phillips Fox)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Samad v District Court of New South Wales

Statutes – Construction – Power to suspend or cancel a licence to supply a drug of addiction – Whether cl 149 of the Poisons and Therapeutic Goods Regulation 1994 (NSW) confers on the Director-General of the Department of Health a power of suspension or cancellation which must be exercised if one or more of the specified grounds for suspension or cancellation are established – Whether provision that Director-General "may suspend or cancel" licence on specified grounds conferred a power to be exercised not a discretion to be weighed – Whether circumstances obliged Director-General to exercise discretion in favour of cancellation.

Courts and tribunals – Error of law – Whether decision based upon that error.