Federal Court of Australia
A _
"JUDGMENT No. 02.37 21am
CATCHWORDS
APPEAL FROM MEDICAL SERVICES REVIEW TRIBUNAL - new ground of review before Tribunal purported to be added outside of 30 day time limit for service of request for review - sub-s.119(1) Health Insurance Act 1973 (Cth) as interpreted in Minister for Health v. Thomson - Tribunal may only have regard to grounds set out in request lodged within time limit - statutory jurisdiction of Federal Court under s.124A of the Act - effect of breach of rules of natural justice on administrative decision - need to pursue ground based on natural justice in
other proceedings.
REVIEW BY MEDICAL SERVICES REVIEW TRIBUNAL - principles stated
by Stephen J. in Spurling v. Development Underwriting (Vic) Pty Limited not appropriate to function of review on the
papers by Tribunal.
Health Insurance Act 1973 (Cth) s.82, s.106, s.114, s.119, s.124A.
DAVID MCINTOSH v. MINISTER FOR HEALTH NSW G110 OF 1987
Davies J.
6 October 1987 - a . sé s, Sydne a we ge > y yY Lye sv 7 AAR, = 2-3 ocTie7 3 m7 FAL a Pe } .) c AUS riatian OF ', , i be CtPat x Ng nOISIRY uN .
NOS oN "XN
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. NSW G110 of 1987
GENERAL DIVISION
BETWEEN: DAVID McINTOSH Applicant AND: MINISTER FOR HEALTH Respondent
CORAM: Davies J. DATE: 6 October 1987 PLACE: Sydney
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The applicant pay the respondent's costs. NOTE: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NSW G110 of 1987 ) )
GENERAL DIVISION
BETWEEN: DAVID McINTOSH Applicant AND: MINISTER FOR HEALTH Respondent
CORAM: Davies J. DATE: 6 October 1987 PLACE: Sydney
REASONS FOR JUDGMENT
This is an appeal under s.124A of the Health Insurance Act 1973 (Cth) ("the Act") from the decision of a
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