Riverside Nursing Care Pty Ltd v Honourable Bronwyn Bishop [2000] FCA 1054

FEDERAL COURT OF AUSTRALIA

Riverside Nursing Care Pty Ltd v Honourable Bronwyn Bishop [2000] FCA 1054

Aged Care Act 1997 (Cth) Administrative Decisions (Judicial Review) Act 1977 (Cth) s 15(1) Corporations Law (Cth) s 436A ACHOS Pty Ltd v Merck Pty Ltd (Federal Court, 20 June 1997, unreported) Morlea Professional Services Pty Ltd v Richard Walter Pty Ltd (31 May 1999, unreported); [1999] FCA 764 Brundza v Robbie and Co [No 2] (1952) 88 CLR 171

RIVERSIDE NURSING CARE PTY LTD

v THE HONOURABLE BRONWYN BISHOP (as the Commonwealth Minister of State for Aged Care) and ANDREW PODGER (as the Secretary of the Commonwealth Department of Health and Aged Care)

V147 of 2000 RYAN J MELBOURNE 2 AUGUST 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 147 of 2000

BETWEEN: RIVERSIDE NURSING CARE PTY LTD

Applicant

AND: THE HONOURABLE BRONWYN BISHOP (as the Commonwealth Minister of State for Aged Care)

First Respondent

ANDREW PODGER (as the Secretary of the Commonwealth Department of Health and Aged Care)

Second Respondent

JUDGE: RYAN J

DATE OF ORDER: 2 AUGUST 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The applicant by 11 August 2000 provide security in the sum of $15,000 in a form acceptable to the Registrar for the respondents' costs of the application for leave to appeal. 2. In default of the provision of security in accordance with paragraph 1 of this Order, the applicant's application for leave to appeal be stayed until provision of security in accordance with that paragraph and the hearing fixed for 15 August 2000 be vacated. 3. The costs of all parties of the motion for security, other than the costs of the hearing on 26 July 2000, be costs in the application for leave to appeal. 4. The respondents' costs of the hearing on 26 July 2000 be taxed and paid by the applicant.