Federal Court of Australia
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JUDGMENT No.S!3,.7.82..
CATCHWORDS
Administrative law ~ judicial review - determination of fees for approved nursing home - principles formulated by Minister - whether principles valid - whether principles certain -
negative loadings for previously under-incurred expenses -
change of proprietorship - whether , determination
unreasonable.
Acts Interpretation Act 1901 - s.46(a)
Administrative Decisions (Judicial Review) Act 1977 - s.5.
National Health Act 1953 - ss.4(1), 40Aa(1)(6)(7)(7A) (7B),
40AD(1B), 40AE(2), 42(1), 44(1).
NEVISKIA PTY. LIMITED v- THE HONOURABLE CHRISTOPHER
HURFORD,ALAN DOUGLAS ROSE, PETER DAVID TRATT
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VG 143 of 1987 18TH SEPTEMBER 1987
No. Gray J. MELBOURNE
Laeaddedelnatehdananedieentenememends neaetennenioarindnedteeete ee Tad
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISTON No. VG 143 of 1987
BETWEEN :
NEVISKIA PTY. LIMITED (trading as "Kenilworth Private
Nursing Home") Applicant
-and-
THE HONOURABLE CHRISTOPHER HURFORD (who is sued as the Commonwealth Minister of State for Community Services)
ALAN DOUGLAS ROSE : (Department of Community Services)
PETER DAVID TRATT (who is sued as a Delegate of the secondnamed Respondent) Respondents
MINUTES OF ORDER
COURT : Gray J.
DATE : 18th September 1987
PLACE : Melbourne
THE COURT ORDERS:
1. The application is dismissed.
2. The applicant pay the costs of the second and third
respondents.
(mote: Settlement and entry of orders is dealt with by 0.36 of the Federal Court Rules.)
et linet tert NE Se
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY GENERAL DIVISION No. VG 143 of 1987
BETWEEN :
NEVISKIA PTY. LIMITED (trading as "Kenilworth Private Nursing Home" ) Applicant
-and-
THE HONOURABLE CHRISTOPHER HURFORD (who is sued as the Commonwealth Minister of State for Community Services)
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