Watson v Australian Community Pharmacy Authority

The appellant, who operates a pharmacy business, challenged a decision of the Australian Community Pharmacy Authority (the Authority) that recommended approval of an application by the second respondents to supply pharmaceutical benefits from proposed premises. The appellant argued that the second respondents did not have a legal right to occupy the proposed premises, as required by the National Health (Australian Community Pharmacy Authority Rules) Determination 2006. The appellant sought judicial review of the Authority's recommendation. The primary judge dismissed the application, and the appellant appealed. The appellant also made an interlocutory application to adduce further evidence to support the appeal. The appellant contended that the Authority was not satisfied, as required by Item 201(a) of the Determination, that the second respondents had a legal right to occupy the proposed premises, and that the Authority could not make a positive recommendation in the absence of such satisfaction. The court held that the Authority was entitled to be satisfied, based on evidence before it, that the second respondents had a legal right to occupy the proposed premises. The interlocutory application was dismissed. The appeal was dismissed, and the appellant was ordered to pay the second respondents' costs.