Blooms the Chemist Management Services Ltd v Pharmacy Council of New South Wales [2024] NSWSC 296

Supreme Court New South Wales

Medium Neutral Citation: Blooms the Chemist Management Services Ltd v Pharmacy Council of New South Wales [2024] NSWSC 296 Hearing dates: 31 October 2023 Date of orders: 22 March 2024 Decision date: 22 March 2024 Jurisdiction: Common Law Before: Campbell J Decision: (1) The first defendant's application for summary dismissal made by Notice of Motion of 31 July 2023 is dismissed. (2) The first defendant is to pay the plaintiff's costs. (3) Direct the parties to approach the Common Law Case Management Registrar within 7 days of today's date for a directions hearing listing to consider the readiness of the matter to proceed to a final hearing or for case management orders to facilitate the listing for final hearing as soon as may be practicable. Catchwords: CIVIL PROCEDURE – jurisdiction – judicial review – supervisory jurisdiction of State Supreme Court – where Council relied on its own legal interpretation of proposed contracts in refusing registration of financial interest – Court well equipped to make such an evaluation – no absolute rule that a public law remedy after judicial review must be refused in favour of merits review or appeal available in lower court or tribunal – Court's power to make binding declarations of right irrespective of whether consequential remedy is available CIVIL PROCEDURE – summary disposal – dismissal of proceedings – abuse of process – where only relief sought is a declaration of right – commencement of second proceedings when proceedings pending in NCAT – where remedies are different in nature and purpose – where determination of these proceedings will not finalise NCAT proceedings – no abuse of process Legislation Cited: Administrative Decisions Review Act 1997 (NSW), ss 53, 63 Civil and Administrative Tribunal Act 2013 (NSW), ss 34, 44, 80 Civil Procedure Act 2005 (NSW), s 67 Health Practitioner Regulation National Law (NSW), Sch 5F, cll 2, 3, 4, 5, 12, 13, 14 Supreme Court Act 1970 (NSW), s 75 Uniform Civil Procedure Rules 2005 (NSW), r 13.4 Cases Cited: AB v Independent Broad-based Anti-corruption Commission [2024] HCA 10 Agar v Hyde 201 (2001) CLR 552; [2000] HCA 41 Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Australian Hardboards Limited v Hudson Investment Group Limited (2007) 70 NSWLR 201; [2007] NSWCA 104 Boral Gas (NSW) Pty Ltd v Magill (1993) 32 NSWLR 501 Burbank Australia Pty Ltd v Luzinat [2000] VSC 128 Chappuis v Filo (1990) 19 NSWLR 490 Commonwealth v Sterling Nicholas Duty Free Pty Ltd (1972) 126 CLR 297 Commonwealth of Australia v BIS Cleanaway Ltd [2007] NSWSC 1075; 214 FLR 271 Dey v Victorian Railway Commissioners (1949) 78 CLR 62; [1949] HCA 1 General Steel Industries Inc. v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1967] HCA 69 Makowska v St George Community Housing Limited [2021] NSWSC 287 New South Wales Breeding and Racing Stables Pty Ltd v Administrative Decisions Tribunal [2001] 53 NSWLR 559; [2001] NSWSC 494 R v Commonwealth Court of Conciliation and Arbitration; Ex parte Ozone Theatres (Aust.) Ltd (1949) 78 CLR 389 R (Rusbridger) v Attorney General [2004] 1 AC 357 Re Refugee Review Tribunal & Anor; Ex parte Aala (2000) 204 CLR 82; [2000] HCA 57 Russian Commercial and Industrial Bank v British Bank for Foreign Trade [1921] 2 AC 438 The Pharmacy Guild of Australia v Ramsay Health Care Limited [2019] NSWSC 1045 UBS AG v Tyne (2018) 265 CLR 77; [2018] HCA 45 White v District Court of NSW (1998) 45 NSWLR 313 Category: Principal judgment Parties: Blooms the Chemist Management Services Ltd (Plaintiff) Pharmacy Council of New South Wales (First defendant) Tran Pharmacy (Cronulla South) Pty Ltd (Second defendant) Representation: Counsel: S J Free SC with J Davidson (Plaintiff/Respondent on the motion) K Richardson SC with K Bones (First Defendant/Applicant on the motion)