Blooms the Chemist Management Services Ltd v Pharmacy Council of NSW

In the matter of Blooms the Chemist Management Services Ltd v Pharmacy Council of NSW, the Supreme Court of New South Wales was tasked with reviewing the decision of the Pharmacy Council of New South Wales, which had determined that Blooms had a financial interest in a pharmacy business, thereby affecting Blooms' eligibility for certain accreditations. The decision of the Council was under scrutiny as it pertained to the interpretation and application of the Health Practitioner Regulation National Law (NSW) and the accompanying regulations. Additionally, a separate appeal of the Council's decision was pending before the New South Wales Civil and Administrative Tribunal (NCAT).

The court was required to decide whether it should exercise its supervisory jurisdiction to review the Council's decision, considering the statutory framework that governs the Council's powers and the ongoing NCAT appeal. The legal issues included the interpretation of the statutory provisions concerning the Council's decision-making process, the applicability of the doctrine of legitimate expectations, and the appropriate circumstances under which the court should grant declaratory relief in the context of an extant administrative decision and a pending appeal. The court also considered the requirement for Blooms to demonstrate a sufficient interest in the relief sought and whether exceptional circumstances warranted the grant of a declaration despite the ongoing NCAT appeal.

The Supreme Court held that it would not exercise its supervisory jurisdiction to review the decision of the Council. The court emphasised the importance of the Council's decision-making process and the principles of administrative law, including the separation of powers and the need for deference to the administrative decision-maker. The court found that Blooms had not demonstrated a sufficient interest in the relief sought and that exceptional circumstances did not exist. The ongoing NCAT appeal was a significant factor in the court's decision not to intervene. The court concluded that the Council's decision was within its statutory powers and that the pending appeal before the NCAT was the appropriate forum for Blooms to seek redress.

The court did not make the declaration sought by Blooms and dismissed the application. The decision underscored the limited role of the court in reviewing administrative decisions where there are existing avenues for appeal and the need for parties to demonstrate a compelling interest in seeking judicial intervention.