Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Health Insurance Commission v G and M Nicholas Pty Ltd [2004] FCAFC 236
ADMINISTRATIVE LAW – whether breach of statutory undertaking by accredited pathology laboratory in favour of Minister – undertaking related to permitting persons authorised by Chief Commonwealth Medical Officer to enter and inspect accredited laboratory – breach of undertaking established by Medicare Participation Review Committee but rejected by the Administrative Appeals Tribunal – inspection not undertaken after notification by laboratory of refusal to permit inspection on nominated occasion – unusual evolution of circumstances preceding refusal to permit inspection in advance of physical arrival of inspectors at laboratory – interpretation of regulatory undertaking – whether question of law involved – appeal from decision of the Administrative Appeals Tribunal dismissed by majority
Health Insurance Act 1973 (Cth) ss 3(1), 16A(2), 23DB, DF, DL, DN & DNA, 41, 124E & FC Health Insurance Commission Act 1973 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) ss 33 & 44
GEC Marconi Systems Pty Ltd v BHP Information Technology Pty Ltd (2003) 128 FCR 1 Federal Commerce & Navigation Co Ltd v Molena Alpha Inc [1979] AC 757 Lombok Pty Ltd v Supetina Pty Ltd (1987) 14 FCR 226 Carter v Hyde (1923) 33 CLR 115 Collector of Customs v Pozzolanic (1993) 43 FCR 280 Collector of Customs v Agfa-Gevaet Ltd (1996) 186 CLR 389 HEALTH INSURANCE COMMISSION v G AND M NICHOLAS PTY LTD T/AS MEDTEST PATHOLOGY SERVICES AND MEDICARE PARTICIPATION REVIEW COMMITTEE N 63 OF 2004 EMMETT, CONTI & SELWAY JJ 25 AUGUST 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N63 OF 2004
ON APPEAL FROM THE PRESIDENT OF THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: HEALTH INSURANCE COMMISSION
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