Bardsley-Smith v Penrith City Council (No 2) [2013] NSWCA 284

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bardsley-Smith v Penrith City Council (No 2) [2013] NSWCA 284 Hearing dates: On the papers Decision date: 30 August 2013 Before: McColl JA at [1]; Barrett JA at [2]; Sackville AJA at [3] Decision: Confirm that Order 7 made by this Court on 4 July 2013 has effect. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ORDERS - form of declaration and injunction restraining the retail sale of items from certain premises subject to exceptions for "PBS items, Prescription drugs and OTC drugs" Legislation Cited: National Health Act 1953 (Cth), s 84 Poisons and Therapeutic Goods Act 1966, Schedules 2, 3, 4, 5, 6, 8 Cases Cited: Bardsley-Smith v Penrith City Council [2013] NSWCA 200 Category: Consequential orders Parties: Janis Margaret Bardsley-Smith (First Appellant) Ian Patrick Stubbs (Second Appellant) Penrith City Council (First Respondent) Administration and Marketing Solutions Pty Limited (Second Respondent) Damien Michael Gance (Third Respondent) Representation: Counsel: J Robson SC with C R Ireland (Appellants) N M Eastman (Second and Third Respondents) Solicitors: McPhee Kelshaw Solicitors (Appellants) Gadens Lawyers (First Respondent) Rotstein Lockwood Reddy Lawyers (Second and Third Respondents) File Number(s): 2012/154959 Decision under appeal Citation: Bardsley-Smith & Anor v Penrith City Council [2012] NSWLEC 79 Date of Decision: 2012-04-18 00:00:00 Before: Sheahan J File Number(s): 40565 of 2009