Federal Court of Australia
CATCHWORDS
Administrative law - Judicial review - Decision of Medical Services Committee of Inquiry - Application for stay of hearing by Committee pending hearing of application for order of review - alleged rendering of excessive services by medical practitioner - Decision of Committee not to travel to country town to take viva
voce evidence from infirm patients - Desire of applicant to prevent the forming of erroneous opinion which impugns his professional standing - Public interest in effective and
economical public administration - Interlocutory relief refused.
Administrative Decisions (Judicial Review) Act 1977 - ss. 6, 13, 15, 16
Federal Court of Australia Act, 1976 - 5.23 Health Insurance Act 1983 - ss. 79, 94, 104
JOHN MORTON v. NICHOLAS JOHN RADFORD, ARTHUR WILLIAM BURTON, JOHN ANTHONY HORGAN and WILLIAM McINTOSH ROSE
No. VG134 of 1985
Jenkinson d. 12 duly, 1985 Melhourne
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISTON
) ) NO. VG134 of 1985
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BETWEEN: JOHN MORTON Applicant AND: NICHOLAS JOHN RADFORD,
ARTHUR WILLIAM BURTON, JOHN ANTHONY HORGAN and
WILLIAM McINTOSH ROSE
Respondents
CORAM: Jenkinson J. PLACE: Melbourne DATE: 12 July, 1985
REASONS FOR JUDGMENT
Application to stay a hearing instituted in pursuance of
s.94 of the Health Insurance Act 1973, pending the hearing of an
application under the Administrative Decisions (Judicial Review)
Act 1977 for an order of review.
The respondents are the members of a Medical Services
which it had appeared that the applicant
Committee of Inquiry to
medical practitioner may have rendered "excessive services",
within the meaning attributed to that expression in Division 3 of
Part V of the Health Insurance Act 1983. It 1s provided by s.79(1B)(a) of that Act that in that Division -
"a veference to excessive services 15 a
reference to professional services, being
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