F.J. Hospital Enterprises Pty Ltd v. The Honourable Grimes, D.J. & Anor [1987] FCA 428

CATCHWORDS

Administrative law - Judicial review - Application for extension of time to apply for review of decisions ~ Proprietor of nursing home seeking increase in scale of fees - Applicant unaware of time limitations imposed by Judicial Review Act - Applicant experienced in business - Prejudice to public administration where acceptable explanation of delay lacking.

Administrative Decisions (Judicial Review) Act 1977 - s.11 National Health Act 1953 - Part V

F.J. HOSPITAL ENTERPRISES PTY. LTD. (trading as "Kinross Private Nursing Home") v. THE HONOURABLE DONALD JAMES GRIMES (as the Commonwealth Minister for Community Services) and ALAN D. ROSE (as

the Secretary of the Commonwealth Department of Community Services)

VG 370 of 1986

Jenkinson Jd. Melbourne

ll August 1987

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IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) No. VG 370 of 1986

GENERAL DIVISION )

CORAM:

DATE:

THE COURT

BETWEEN: F.d. HOSPITAL ENTERPRISES PTY. LTD. (trading as "Kinross

Private Nursing Home") Applicant

AND: THE HONOURABLE _ DONALD JAMES GRIMES

(as the Commonwealth Minister for Community Services)

AND: ALAN D. ROSE (as the Secretary of the Commonwealth Department of Community Services)

Respondents

Jenkinson

1l August, 1987

MINUTES OF ORDER

ORDERS :

That the motion of which notice was filed 15 June 1987 be dismissed.

That the applications for orders of review specified in paragraphs (a), (b), (c), (dad), (e) and (f) of the

amended originating application filed 19 June 1987 be dismissed.

That the respondents' costs of the motions of which notice is specified in the notice filed 15 June 1987 and

in paragraph 3 of the notice filed 18 November 1986 be paid by the applicant.

That the respondents' costs of the applications for orders of review specified in paragraphs (a), (b), (ce),