Trio lose court fight against new rival
Three partners in a pharmacy have lost an attempt to oust a new rival after a court rejected their argument over a bureaucratic typographical error and doctor proximity.
The legal fight started after the Australian Community Pharmacy Authority (ACPA) recommended St Moses Black Pty Ltd be given approval to open a pharmacy in Franklin, Canberra.
The pharmacy was to be co-located with a medical centre at Unit 110, 227 Flemington Road, nearly two kilometres from another pharmacy.
But when the ACPA informed the other pharmacy of the decision, the owners decided to fight it in the Federal Court.
Luke Murray, Espie Watt and Peter Feros claimed the approval was not valid, using a clerical issue as one of grounds.
The issue was that the ACPA recommended approval be given to a pharmacy at “part of” Unit 110.
However, the federal health department delegate left out the “part