Floor space interpretation overturns PBS ruling

A pharmacist has won the right to open a PBS pharmacy after a tribunal ruled that a Sunday market could be included in the supermarket floor space calculation.

John Nguyen’s initial application to open a pharmacy was knocked back in 2015 because of objections from established owners near the Perth suburb of Canning Vale.

But Mr Nguyen appealed and won the right to open his pharmacy in Market City, a 2500 square metre hub in the suburb.

The case hinged on whether Market City – which has a Sunday community market, a Saturday fresh food market and a seven-day retail section - met the location rules’ definition of a “supermarket”. 

Joseph Ranallo, of Chemmart Pharmacy Superstore in neighbouring Bullcreek, argued it did not.

In his submissions, Mr Ranallo pointed to the location rules’  definition of a supermarket as the type of store in which a