Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Quintano v Minister for Finance and Deregulation [2014] FCAFC 159 Citation: Quintano v Minister For Finance And Deregulation [2014] FCAFC 159
Appeal from: Quintano v Minister for Finance and Deregulation [2014] FCA 531
Parties: LUKE QUINTANO v MINISTER FOR FINANCE AND DEREGULATION
File number: NSD 589 of 2014
Judge: EDMONDS, MCKERRACHER & KATZMANN JJ
Date of judgment: 25 November 2014
Catchwords: ADMINISTRATIVE LAW – appellant seriously injured in fight at nightclub – appellant obtained award of damages against negligent nightclub owner – nightclub owner and its insurer insolvent – appellant applied for act of grace payment under s 33 of the Financial Management and Accountability Act 1997 (Cth) – application refused – whether primary judge failed to deal with appellant's argument that Minister's decision was legally unreasonable – whether Minister erred by inflexibly applying a policy in refusing the application – whether there was evidence to support primary judge's finding that Minister considered whether there was a moral obligation to authorise an act of grace payment PRACTICE AND PROCEDURE – whether appellant should be permitted to argue on appeal matters not pleaded in originating application
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Australian Prudential Regulation Authority Act 1988 (Cth) s 58 Financial Management and Accountability Act 1997 (Cth) s 33 (see now Public Governance, Performance and Accountability Act 2013 (Cth), s 65)
Cases cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Australian Securities and Investments Commission v International Unity Insurance Pty Ltd [2004] FCA 1059 Australian Securities and Investments Commission v International Unity Insurance (General) Limited [2004] FCA 1060 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Quintano v B W Rose Pty Ltd [2009] NSWSC 446 Re Drake and Minister for Immigration and Ethnic Affairs (No 2) (1979) 1979) 2 ALD 634 Surinakova v Minister for Immigration, Local Government and Ethnic Affairs (1991) 33 FCR 87 Toomer v Slipper [2001] FCA 981 Water Board v Moustakas (1988) 180 CLR 491
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