Edelsten, G.W. v. Health Insurance Commission [1988] FCA 875

JUDGMENT No. 215.788.

CATCHWORDS

ADMINISTRATIVE LAW - whether decision by Health Insurance Commission to defer payment of medical benefit to applicant involved error of law.

HEALTH - INSURANCE - medical practitioner assignee of medical benefits in respect of services provided in NSW while unregistered in NSW - NSW legislation prevents action for fees for such services - whether such fees were "amounts payable in respect of a professional service" within Health Insurance Act 1973 if practitioner continuously registered in another State.

PRIVATE INTERNATIONAL =: - statutory defence applicable to action in a State - whether provision procedural or substantive - full faith and credit.

STATUTES = INTERPRETATION = Statute providing for deregistration of medical practitioner upon notice being given personally - whether informal notice sufficient.

Medical Practitioners Act 1938 (NSW)

Health Insurance Act 1973

Administrative Decisions (Judicial Review) Act 1977 Australia Act 1986

Koop v Bebb (1951) 84 CLR 629

Myer eae Ltd. v Commissioner of Stamp Duties [1967] NSWR

Peate v Federal Commissioner of Taxation (1964) 111 CLR 443 Clyne v Deputy Commissioner of Taxation (1981) 150 CLR l

Leroux v Brown CB 801; 138 ER 1119 Waung v Subbotovsky [1968] 3 NSWR 499 Mackender v Feldia AG [1967] 2 QB 590

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McFee Engineerin Pty. Ltd. (In Liquidation) vy CBS Constructions Pty. Ltd. (1980) 44 FLR 340

Hodge v Club Motor Insurance Agency Pty. Ltd. (1974) 22 FLR 473 Borg Warner (Aust.) Ltd. v cupan riseat VR 437

more Marine Pty. Ltd. v IAC (Finance) Pty. Ltd. (1964) 110 CLR Prowse v McIntyre (1961) 111 CLR 264

GEOFFREY WALTER EDELSTEN v HEALTH INSURANCE COMMISSION G861l of 1988

RECEIVED

CORAM: | GUMMOW J. PLACE: SYDNEY. 5 DATE: 25 JULY 1988. 22 NOV 1989 FEDERAL COURT OF AUSTRALIA PRINCIPAL

REGISTRY

IN THE FEDERAL COURT OF AUSTRALIA