Samad v District Court of New South Wales

Statutes – Construction - Power to suspend or cancel a licence to supply a drug of addiction - Whether cl 149 of the Poisons and Therapeutic Goods Regulation 1994 (NSW) confers on the Director-General of the Department of Health a power of suspension or cancellation which must be exercised if one or more of the specified grounds for suspension or cancellation are established - Whether provision that Director-General "may suspend or cancel" licence on specified grounds conferred a power to be exercised not a discretion to be weighed - Whether circumstances obliged Director-General to exercise discretion in favour of cancellation.

Courts and tribunals – Error of law - Whether decision based upon that error.

Words and phrases – "may" - "based upon".

Poisons and Therapeutic Goods Act 1966 (NSW).

Poisons and Therapeutic Goods Regulation 1994 (NSW) – cl 149.