Croft, Dennis Malcolm v Mackellar, Michael J.R. [1983] FCA 18

aCATCITY ORDS edainistrativ2 Law - Judive1al Review - Exercise of Minister's

Powers - Determination of Scale of Fees applicahle to approved Nursing Home - Regard to costs necessarily incurred - whether application of policy inconsistent with statutory duty - width

of discretion.

Administrative Decisions (Judicial Review) Act 1977

Neattenai Heaith Act 1953

DENNIS MALCOLM CROFT v MICHADL J. R. MACKELLAR

VG Wo. 100 of 198]

Smithers 7.

8 February 1983

Melnourre,

IN THR FPREVELAL COURT OF AUSTRALIA

)

) VICTORIA DISTRICT REGISTRY ) VG No. 100 of 1981 TT )

)

GENERAL DIVISION

' Between: DENNIS MALCOLM CROFT

(Applicant) And: MTCHAEL J.R. MACKELLAR (Respondent) Judge Making Order: Smithers J. Date of Order: 8 February 1983 Where Made: Meibourne. ORDER

THE COURT ORDERS THAT:

(1) The decision of the respondent dated 2 April 1981 to refuse the applicant's request to review the decision of the Permanent Head be set aside and the matter to which

that decision relates he referred to the respondent for

further consideration.

(2) The respondent pay the applicant's costs of the

application.

~e

VLCTORIA DISTRIC1 REGISTRY VG No. 100 of 1987

~~ ew

GENERAL DIVTS1OU

Between

DENNIS MALCOLM CROFT

(Applicanv

and: MICHARL J.R. MACKRLDIAR

(Respondent)

8 February 1983

REASONS YOR JUDGMENT

This 1S an application pursuant to s.5 of the Administrative Decisions (Judicial) Review) Act 1977 (the ADIR Act) for review of a decision of vhe Minister for Health (the respondent) affirming the refusal of the Permanent Tlead of the Department of Health to allow the applicant an increase in the scale of fees applicable to a nursing home known as the

Sandown Nurcsing Home.

In 1973 burldings were constructed and the business of a nursing home was commenced at 519% Princes Highway Morie Park in the State of Victorta under the name of "Sandown Private Nursing Home" (Sandown). At aLl material tues the premises of Sanacwn have been approved pursuant to o.40 AQ (2)