White v District Court

The applicant, White, sought judicial review of a decision by the District Court. The dispute concerned an appeal to the District Court from a decision of the Pharmacy Board. The central issue was whether certain management agreements granted a pecuniary interest in pharmacy businesses to non-pharmacists, which would contravene the relevant legislation.

The court was required to determine whether the District Court Judge had erred in law on the face of the record when dismissing White's summons. Specifically, the court had to consider whether the Judge had applied the correct legal test in assessing the nature of the management agreements and their effect on the ownership and control of the pharmacies. The court also had to consider whether the Judge's conclusion that a rehearing would be futile was legally sound.

The Full Court of the Court of Appeal found that the District Court Judge had erred in law. The Judge had applied an incorrect test by focusing on whether the non-pharmacists had a direct proprietary interest, rather than considering whether they had a pecuniary interest that could influence the conduct of the pharmacy business. The court held that the management agreements, by granting significant control and a share of profits to non-pharmacists, did confer a pecuniary interest. Consequently, the Judge's dismissal of the summons on the basis that a rehearing would be futile was set aside.

The Court of Appeal ordered that the appeal to the District Court be remitted to the District Court for rehearing according to law.