Federal Court of Australia
WV
CATCHWORDS
ADMINISTRATIVE LAW - gcequest for statement under sub~s. 13(2)
of Administrative Decisions (Judicial Review) Act 1977 -
intention of decisionmaker to provide statement 1n immediate future - appropriateness of application seeking order of
mandamus as means of enforcing duty to give statement - costs.
National Health Act 1953, sub-s. 40AD(1)
Administrative Decisions (Judicial Review) Act 1977, sub-s. 13(2)
Judiciary Act s.39B
CLANWILLIAM PTY LIMITED v. DONALD JOHN BARTLETT (QLD G19 OF 1984)
FITZGERALD J. BRISBANE 8 MAY 1984
IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G19 of 1984
GENERAL DIVISTON )
BETWEEN : CLANWILLIAM PTY LIMITED
Applicant AND: DONALD JOHN BARTLETT Respondent ORDER
JUDGE MAKING ORDER: FITZGERALD J.
DATE OF ORDER: 8 MAY 1984
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
l. Application G19 of 1984 be dismissed.
2- No order as to costs.
IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) QLD G19 of 1984 GENERAL DIVISION )
BETWEEN : CLANWILLIAM PTY LIMITED
Applicant AND: DONALD JOHN BARTLETT Respondent FITZGERALD J. 8 MAY 1984
EXTEMPORE REASONS FOR JUDGMENT
On 26 October 1983, 7 November 1983 and 8 December 1983, applications were made under sub-s. 40AD(1) of the National Health Act 1953 by the applicant, Clanwilliam Pty Limited, for the alteration of conditions applicable to the Janolma Nursing
Home.
On 31 January 1984 the respondent, an officer of the Department of Health, notified the applicant of his decision, and
the letter conveying the decision was received by the applicant
on 1 February 1984.
2.
On 13 February 1984 the applicant requested a statement
pursuant to sub-s. 13(2) of the Administrative Decisions
(Judicial Review) Act 1977, ("the Act"). By sub-s. 13(2) of the
Act, the statement was required to be furnished within 28 days
after the request.
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