Federal Court of Australia
a Gee
here mate Se
irk lak alte TaN Sak HEIR Eta a che ne Me Nad at eee a Oe tek Rhee ai De deity ISN Medea a ae nyt
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mt BE hee OK
CATCHWORDS
Administrative Law - Judicial Review - duty of Minister to determine a scale of fees applicable to approved nursing home - regard to costs necessarily incurred in providing nursing care in the nursing home - reasonableness thereof - relevant considerations - purpose of legislation - whether scale of
fees should be adequate to enable the home to be carried on without loss - whether payment for goodwill by purchaser to previous proprietor a relevant consideration - application
of policy - reference to past determination - whether proper
exercise of power.
National Health Act 1953, ss. 40AA, 40AB, 40AE, 41, 43, 44, 47, 51, 60A, 138.
Administrative Decisions (Judicial Review) Act 1977, s.8.
Dr. GWYN HOWELLS (who was sued as the Permanent Head of the
Department of Health Australia) and MICHAEL MacKELLAR (who was sued as the Minister of State for Health) v. NAGRAD NOMINEES
PTY. LTD. (trading as "CARRUM PRIVATE NURSING HOME")
VG No. 192 of 1981
Smithers, Fox and Franki JJ.
10 September 1982
Melbourne.
ae eee
pete ty YE
IN THE FEDERAL COURT OF AUSTRALTA
VICTORIAN DISTRICT REGISTRY No. VG 192 of 1981
et
GENERAL DIVISION
ON APPEAL FROM THE HONOURABLE MR. JUSTICE NORTHROP
DR. GWYN HOWELLS (who was sued as the Permanent Head of the Department of Health Australia) and MICHAEL MacKELLAR
(who was sued as the Minister of State for Health)
Appellants
NAGRAD NOMINEES PTY. LTD. (trading as "CARRUM PRIVATE NURSING HOME")
Respondent
ORDER
JUDGES MAKING ORDER: Smithers, Fox and Franki JJ.
DATE OF ORDER: 10 September 1982
WHERE MADE: Melbourne.
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The appellants pay the respondent's costs.
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