Australian Unity Health Limited v Private Health Insurance v Private Health Insurance Administration Council [2000] FCA 769

FEDERAL COURT OF AUSTRALIA

Australian Unity Health Limited v Private Health Insurance Administration Council [2000] FCA 769 ADMINISTRATIVE LAW – judicial review – whether irrelevant consideration taken into account – whether relevant consideration not taken into account – whether decision was within power of decision maker – use of policy in decision making – whether policy inconsistent with principles determined pursuant to statute – whether policy imposed arbitrary restriction on decision maker – whether decision maker was in a fiduciary relationship with the respondent. National Health Act 1953 (Cth): s 73BC(5B), (5C) & (5E), s 73BC(6) & (8) s 73BC(12), s 82G(1)(r) Sagnata Investments Ltd v Norwich Corporation [1971] 2 QB 614 cited Surinakova v Minister for Immigration, Local Government and Ethnic Affairs (1991) 33 FCR 87 cited Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 cited AUSTRALIAN UNITY HEALTH LIMITED v PRIVATE HEALTH INSURANCE ADMINISTRATION COUNCIL V 393 of 1999 GOLDBERG J MELBOURNE 8 JUNE 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 393 of 1999

BETWEEN: AUSTRALIAN UNITY HEALTH LIMITED

(ACN 078 722 568)

Applicant

AND: PRIVATE HEALTH INSURANCE ADMINISTRATION COUNCIL

Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 8 JUNE 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondent's costs of the application including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA

DISTRICT REGISTRY V 393 of 1999

BETWEEN: AUSTRALIAN UNITY HEALTH LIMITED

(ACN 078 722 568)

Applicant

AND: PRIVATE HEALTH INSURANCE ADMINISTRATION COUNCIL