Federal Court of Australia
wu
ABA
CATCHWORDS a Administrative law - judicial review - determination of scale of fees for nursing home ~- return on investment in land and buildings - lease to applicant by person not considered to be at arm's length - whether purpose of lease that a higher scale of fees
should be determined. Nursing Home Fees Determination Principles 1984 - whether ultra vires for unreasonableness.
National Health Act 1953 - ss. 6(5), 6(6), 40AA(6), 40AA(7), 40AA(7A), 40AA(7B), 40AD(1B), 40AE(3A), 45C Administrative Decisions (Judicial Review) Act 1977 - s.5.
dones v. Metropolitan Meat Industry Board (1925) 37 C.L.R. 252 Carter v. The Eqq and Eqq Pulp Marketing Board (1942) 66 C.L.R. The Victorian Chamber of Manufactures v. The Commonwealth (1943) 67 C.L.R. 413
Television Corporation Ltd. v. The Commonwealth (1963) 109 C.L.R. Rov. Hunt; Ex Parte Sean Investments Pty. Ltd. (1579) 25 A.L.R. Sean Investments Pty. Ltd. v. Mackellar (1982) 42 A.L.R. 676 Howells v. Nagrad Nominees Pty. Ltd. (1982) 43 A.L.R. 283
Alexandra Private Geriatric Hospital Pty. Ltd. v. Blewett (15984) 56 A.L.R. 265
Alexandra Private Geriatric Hospital Pty. Ltd. v. Blewett (1985) 7 F.C.R. 341
Schroeder Holdings Pty. Ltd. and Extaris Giselle Nominees Pty. Ltd. v. Donald James Grimes (unreported) 18 Feb., 1986
s
OCTET NOMINEES FTY. LTD. v. THE HONOURABLE DONALD JAMES GRIMES AND MICHAEL HENRY CODD
No. VG212 of 1985
Jenkinson J. 30 September, 1986 Melbourne
IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) NO. VG212 of 1985 GENERAL DIVISTON )
BETWEEN: OCTET NOMINEES PTY. TD. (trading as "Hallam Private Nursing Home")
Applicant
AND: THE HONOURABLE DONALD JAMES GRIMES (who 1s sued
as the Commonwealth Minister of State for Community Services) and
MICHAEL HENRY CODD (who 1s sued as the Secretary
of the Commonwealth Department of Community Services)
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