Daryll Knowles v Pharmacy Council of New South Wales [2016] NSWSC 7

Supreme Court New South Wales

Medium Neutral Citation: Daryll Knowles v Pharmacy Council of New South Wales [2016] NSWSC 7 Hearing dates: 20 January 2016 Date of orders: 21 January 2016 Decision date: 21 January 2016 Jurisdiction: Equity Before: Lindsay J Decision: Amended summons dismissed. Catchwords: ADMINISTRATIVE LAW – writ of prohibition or injunction – restraining defendant from making order under Health Practitioner Regulation National Law (NSW), section 150(1), suspending, or imposing conditions upon, plaintiff's registration as a pharmacist – denial of procedural fairness – denial of reasonable opportunity to respond to allegations – defendant's duty under section 150(1) – reasonableness of plaintiff's request for additional time in context of the time of year at which defendant's allegations were made. Legislation Cited: Health Practitioner Regulation National Law (NSW), s 41O, s 139B(1), s 139E, s 150,s 150(1), s 150A, s 164G Supreme Court Act 1970 (NSW), s 69 Cases Cited: Redwood Anti-Ageing Pty Limited & Anor v Knowles & Ors [2013] NSWSC 508 Texts Cited: - Category: Principal judgment Parties: Daryll Knowles (plaintiff) Pharmacy Council of NSW (defendant) Representation: Counsel: G Miller QC and A Davis (plaintiff) P Dwyer (defendant)

Solicitors: Shaw McDonald Lawyers (plaintiff) Christine Campbell, Principal Legal Officer, Pharmacy Council of NSW (defendant) File Number(s): 2016/00004597

Judgment

INTRODUCTION 1. The plaintiff, a registered pharmacist, applies for an order (under s 69 of the Supreme Court Act 1970 (NSW)) in the nature of prohibition or, alternatively, an injunction restraining the defendant (the Pharmacy Council of New South Wales) from making, or, it might be said, purporting to make, an order under section 150(1) of the Health Practitioner Regulation National Law (NSW) to the effect that: 1. his registration be suspended (section 150(1)(a)); or 2. a condition, or conditions, be imposed (on his registration) relating to his practising pharmacy (section 150(1)(b)). 1. In substance, the plaintiff seeks, by these proceedings, to prevent the defendant from not only making, but also considering whether to make, an order under section 150 "until a period of 22 days has elapsed after the provision of further material from the Pharmaceutical Services Unit [of the New South Wales Ministry of Health] as requested [of the PSU by the solicitors for the plaintiff] on 7 January 2016". 2. Urgency attaches to the proceedings (heard yesterday on a final basis) because the defendant has notified the plaintiff that it proposes, this morning, to consider whether to make an order under section 150(1)(a) or (b) based on information received by the defendant from the PSU.