Moran Hospitals Pty Ltd v King, Conor & Anor [1997] FCA 1045

FEDERAl COURT OF AUSTRALIA Administrative law - judicial review - nursing homes - government contracts - whether or not an officer of the Department of Health entered into an agreement with a health care group concerning a compromise of an amount to be recovered by reason of an overpayment of Commonwealth benefit payable in respect of nursing home patients in nursing homes - the effect of such compromise, if any - the status in administrative law of the law regarding compromise - whether there had been a change of ownership in nursing homes - existence of an alternative remedy in the form of an avenue for statutory merits review. Estoppel - whether the Secretary of the Department of Health can be estopped from exercising a statutory discretion. Practice and procedure - whether appropriate for a question to be set aside for separate determination - form of the question to be set. Trade practices - whether the administration of the system for the payment to nursing home proprietors is a business carried on by the Commonwealth for the purposes of s 2A of the Trade Practices Act 1974. National Health Act 1953 - Parts VA and VD Administrative Decisions (Judicial Review) Act 1977 - s 10 Trade Practices Act 1974 - s 2A Federal Court Rules - O 20 r 2 Attorney-General (NSW) v Quin (1990) 170 CLR 1 - cit. Minister for Immigration v Petrovski Burchett, O'Loughlin and Tamberlin JJ, 12 March 1997, unreported - cit. Yango Pastoral Co Pty Limited v First Chicago Australia Limited (1978) 139 CLR 410 - cons. Federal Airports Corporation v Aerolineas Argentinas Beaumont, Whitlam and Lehane JJ, 1 August 1997, unreported - cit. Commissioner of State Revenue (Victoria) v Royal Insurance Australia Limited (1994) 182 CLR 51 -cons. R v Home Secretary; Ex parte Pierson [1997] 3 WLR 492 - cons. General Newspapers Pty Limited v Telstra Corporation (1993) 117 ALR 629 -app. Commonwealth of Australia v Mewett (1997) 146 ALR 299 - cited Pullen v Ready (1743) 2 Atk 587 - cons. F J Hospital Enterprises Pty Limited v Grimes & Rose (1987) 12 ALD 224 - dist. MORAN HOSPITALS PTY LIMITED v CONOR KING and PAUL HUNTLEY NG 412 of 1997 JUDGE: BEAUMONT J PLACE: SYDNEY DATE: 3 SEPTEMBER 1997