Corio Bay & District Private Hospital N.H. Pty Ltd v The Honourable Warwick Smith (As the Commonwealth Minister of State for Family Services ) & Ors [1998] FCA 1111

FEDERAL COURT OF AUSTRALIA ADMINISTRATIVE LAW – Judicial Review – Natural Justice – Whether the commercial interest of a landlord of a nursing home in respect of which subsidised places are allocated under Aged Care Act 1997 (Cth) entitles it to be heard in respect of a decision to reallocate those places to another nursing home – whether a right to be heard is afforded to persons whose commercial interests are affected by a decision Aged Care Act 1997 (Cth) Div 16, s 16-4 National Health Act 1953 (Cth) s 40AA Aged Care (Consequential Provisions) Act 1997(Cth) s 20 Annetts v McCann (1990) 170 CLR 596 - applied Kioa v West (1985) 159 CLR 550 – considered Dunlop v Woollahra Municipal Council (1975) 2 NSWLR 446- distinguished Brack v Wills (1977) 1 NSWLR 456 - distinguished Melbourne Pathology Pty Ltd v Minister for Human Services and Health (1996) 40 ALD 565 - distinguished Reg v Liverpool Corporation, Ex parte Liverpool Taxi Fleet Operators Association (1972) 2 QB 299 - distinguished Pharmacy Restructuring Authority v Martin (1994) 53 FCR 589 - applied Alphapharm v Smithkline Beecham Aust (1994) 49 FCR 250 – considered Bateman's Bay Local Aboriginal Land Council v The Community Benefit Fund Pty Ltd (1998) HCA 49 - cited Byron Environment Centre Incorporation v The Arakwal People & Ors (1997) 78 FCR 1 - cited Big Country Developments Pty Ltd v Australian Community Pharmacy Authority (1996) 40 ALD 32 – considered

CORIO BAY AND DISTRICT PRIVATE HOSPITAL N.H. PTY LTD V THE HONOURABLE WARWICK SMITH (AS THE COMMONWEALTH MINISTER OF STATE FOR FAMILY SERVICES) AND OTHERS

VG 750 OF 1997

JUDGES: MERKEL J

DATE: 8 SEPTEMBER 1998

PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 750 of 1997

BETWEEN: Corio Bay and District Private Hospital N.H. Pty Ltd