Federal Court of Australia
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JUDGMENT No, waact © A
ORDS ADMINISTRATIVE LAW - natural justice - Wednesbury unreasonableness - pathology services - Medical Services Committee of Inquiry - expertise of committee - excessive
services - particulars of matters to which hearing relates - severity of penalty.
MEDICINE ~ pathology services - excessive services - "personal fault" of practitioner - meaning thereof - whether services "not reasonably necessary for the adequate medical care of the patient".
Health Insurance Act 1973
Health Insurance Amendment Act 1977
Health Legislation Amendment Act 1986 Communit: ervices and Health Legislation Amendment (No. 2
Act 1990
Health and Community Services Legislation Amendment Act 1991 Health Insurance Amendment (No. 2) Act 1991
Health, Housing and Community Services Legislation Amendment Act 1992
Tiong v Minister for Community Services and Health (1990) 93 A.L.R. 308
Minister of State for Health v Peverill (1991) 29 F.C.R. 262 Minister for Health v Thomson (1985) 8 F.C.R. 213
Cunliffe v Commonwealth of Australia (1994) 124 A.L.R. 120
RICHARD EDWIN PEVERILL v
DAVID LEON BACKSTROM & ORS No. NG377 of 1994
FEDERAL COURT OF
AUSTRALIA PRINCIPAL REGISTRY BEFORE: LOCKHART, GUMMOW, LEE JJ. PLACE: SYDNEY.
DATE: 19 DECEMBER 1994.
IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NG377 of 1994
GENERAL DIVISION )
On appeal from a Judge of the Federal Court of Australia
BETWEEN: RICHARD EDWIN PEVERILL Appellant AND: DAVID LEON BACKSTROM
First Respondent
CHARLES AKRILL MITCHELL
Second Respondent
ERNEST HUMPHREY CRAMOND Third Respondent
STEWART JAMES BRYANT Fourth Respondent
MINISTER FOR HEALTH, Hi IN
AND COMMUNITY SERVICES Fifth Respondent
CORAM: LOCKHART, GUMMOW, LEE JJ. PLACE: SYDNEY.
DATE:
19 DECEMBER 1994.
MINUTE OF ORDERS
THE COURT ORDERS THAT:
(1)
(2) (3)
(4)
Note:
Orders 2 and 3 made by the primary Judge on 16 June 1994 be set aside.
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