Federal Court of Australia
CATCHWORDS
Administrative law ~- judicial review - application for approval of premises as an approved nursing home - meaning of 'deemed approval' and 'proprietor of premises, being an
approved nursing home' - proposal to make application for approval of premises as an approved nursing home - transferability - power of Minister to review decision of
Permanent Head - power of Minister to direct Permanent Head.
Administrative Decisions (Judicial Review) Act 1977 s.5(1)(b), (c), (dad), Ce), (C&) and Ch)
National Health Act 1953 ss.4(1), 40AA, 45 and 138
Health Act 1958 (Vic.) ss.179 and 182
ZAYEN NOMINEES PTY. LTD. v. MINISTER FOR HEALTH
V.G. No. 137 of 1981 Northrop J. Melbourne
25 March 1983.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
V.G. No. 137 of 198P
GENERAL DIVISION '
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BETWEEN: ZAYEN NOMINEES PTY. LTD. Applicant ~ and MINISTER FOR HEALTH Respondent ORDER CORAM: Northrop J. DATE: 25 March 1983 PLACE: Melbourne
THE COURT ORDERS THAT:
1.
The decision of the Minister for Health notified in his letter dated 29 June 1981 viz., "to uphold the Department's decision not to grant approval in principle for (the applicant's) nursing home proposal at North Fitzroy" be quashed and set aside.
Leave granted to each party to move for an order for
costs.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
V.G. No. 137 of 198!
GENERAL DIVISION
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BETWEEN: ZAYEN NOMINEES PTY. LTD. Applicant and MINISTER FOR HEALTH Respondent NORTHROP J. REASONS FOR JUDGMENT 25 MARCH 1983
Zayen Nominees Pty. Ltd., "Zayen", brings these
proceedings under the Administrative Decisions (Judicial
Review) Act 1977, "the Judicial Review Act", seeking an order of review of a decision of the Minister for Health, "the Minister", expressed in a letter dated 29 June 1981. Zayen claims that the decision was of an administrative character made under an enactment, namely the National Health Act 1953, and in particular under either s.45 or s.138 of that Act. The proceedings relate to whether Zayen is entitled to have a
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