Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gribbles Pathology (Victoria) Pty Ltd v The Minister for Health
and Aged Care [2000] FCA 1596
STATUTES – construction of statutes – whether in its setting the word "may" should be construed as permissive or as compulsory so as to mean "must" – whether statute granted Minister a discretion to approve grant of a license – information sought prior to approval of license – whether information sought was reasonably necessary
Health Insurance Act 1973 (Cth) ss 3, 16A(5AA), 20, 20A, 23DC, 23DF, 23DL, 23DN, 23DNA, 23DNB, 23DND, 23DNE, 23DNG, 124B, 124FC, 124J- 124P, 129AAA Judiciary Act 1903 (Cth) ss 1A, 39B(1) Acts Interpretation Act 1901 (Cth) ss 2, 33(2A), 46A Gribbles Pathology (Vic) Pty Ltd v Minister for Human Services and Health (1996) 67 FCR 327 referred to Ward v Williams (1955) 92 CLR 496 referred to Finance Facilities Pty Ltd v Federal Commissioner of Taxation (1971) 127 CLR 106 referred to Commissioner of State Revenue (Victoria) v Royal Insurance Australia Ltd (1994) 182 CLR 51 referred to Macquarie Bank Ltd v Fociri Pty Ltd (1992) 7 ACSR 553 referred to GRIBBLES PATHOLOGY (VICTORIA) PTY LTD v THE MINISTER FOR HEALTH AND AGED CARE & ANOR VG 755 of 2000 FINN J 9 NOVEMBER 2000 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 755 of 2000
BETWEEN: GRIBBLES PATHOLOGY (VICTORIA) PTY LTD
(ACN 006 823 089)
Applicant
AND: THE MINISTER FOR HEALTH AND AGED CARE
First Respondent
THE HEALTH INSURANCE COMMISSION
Second Respondent
JUDGE: FINN J
DATE OF ORDER: 9 NOVEMBER 2000
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: The application be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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