Federal Court of Australia
CATCHAGPDS
: a e-
Administrative law - judirtial review - private nursing home - : 2. nursing her# tes. approved bv delegate' of Permanent Head of we
Deoartnent of Health - allowance fsr profit based on 1972 values
- whether such allowance so unreasonable as to make deieqate's
decision one to which rc reasonable serson cculd have come - whether delegats in reaching decision omitted relevant consideration from account - whether delegate decided the matter according to a rule or policy without ragard to the merits of the instant case.
National Health Act 1953, s. 49AA
Administrative Decisions (Judicial Review) Act 1977, paras.
5(1)(e) and 5(2)(b),(f) and (g)
ALEMANDRA PRIVATE GERIATRIC HOSPITAL PTY LIMITED (T/AS ALEMANDPA
PRIVATE NURSING HOME) v. NEAL BLEWETT AND ANOR.
No. VG 239 of 1984 Coram: Smithers, Sheppard and Jenkinson JJ. Date: 12 July 1985
Place: Melbourne
U_TRE WEDEFAL CoMPT OF AUSTRALIA
SETWEEST ALEVSNDPA FUIVATE CEPIATPIC ICTEITEL OCY LIMITED Appellant AND:
MINUTE OF CPDER
JUDGES MAKING ORDER: Smithers, Sheppard and Jenkinson JJ.
.
DATE OF ORDER 3 127uly 1985 WHERE MADE : Melbourne
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. The judgment of the Henourable Mr. Justice Woodward of 7
August 1984 be set aside.
2. The decision of the delegate of the Permanent Head of the Department of Public Health dated 13 March 1984 be set aside and the matter remitted to the delegate to be re-considerzd in accordance with the decision of this Court.
4. The respondents pay the appellant's costs of the appeal.
5 The question of the costs of the proceedings before Mr.
eo hin fer the making ¢
zn the light of th
i)iu r ur
c
such
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) VG NO. 239 OF 1984 ) GENERAL DIVISION )
On appeal from a single judge of the Federal Court of Australia.
BETWEEN: ALEXANDRA PRIVATE GERIATRIC HOSPITAL PTY. LTD. (Trading as "Alexandra Private Nursing Home")
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