Minister for Health & Aged Care v Harrington Associates Ltd [2000] FCA 1723

FEDERAL COURT OF AUSTRALIA

Minister for Health & Aged Care v Harrington Associates Ltd [2000] FCA 1723

INSURANCE – health insurance – whether contravention of s 67(1) of National Health Act – whether respondent carrying on health insurance business – whether respondent falls within exception of carrying on accident and sickness insurance business or business of a kind prescribed for purposes of definition of "health insurance business" in s 67(4) – whether reg 47(1)(b) of National Health Regulations invalid – whether reg 47(1)(b) has "practically wholly swallowed up" inclusionary part of definition of accident and sickness insurance business. TRADE PRACTICES – whether contravention of s 52(1) of Trade Practices Act – whether respondent made representation with respect to future matter without reasonable grounds for so doing – effect on representation of subsequent corrective representation – whether representation was mere puffing – whether representation made in trade or commerce. PRACTICE & PROCEDURE – pleading of inconsistent allegations of fact. WORDS & PHRASES – "each and every" – "ordinarily requires the provision of hospital treatment or relevant health services". National Health Act 1953 (Cth), ss 4(1), 67(1), 67(2), 67(4), 67A(1), 140(1) Trade Practices Act 1974 (Cth), ss 51A, 52(1), 75B(1) National Health Regulations 1954 (Cth), regs 47(1)(b), 48(2A)(f) Statutory Rules 1997, No 133 Health Legislation Amendment Act 1985 (Cth), s 14 Statutory Rules 1995, No 408 Triaca v Summaries Pty Ltd [1971] VR 347 referred to Aussie Home Security Pty Ltd v Sales Systems Australia Pty Ltd [1999] FCA 1458 referred to Blacker v National Australia Bank Ltd [2000] FCA 681 referred to A & S Oayda Investments Pty Limited v Burns Philp Trustee Company Limited (In liquidation) (FCA: Lockhart J, 25 November 1994, unreported) referred to St Lukes Health Insurance v Medical Benefits Fund of Australia Ltd (1995) ATPR ¶41-428 discussed Eveready Australia Pty Ltd v Gillette Australia Pty Ltd (No 4) (2000) ATPR ¶41-751 referred to Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594 referred to Explanatory Statement to Statutory Rules 1997, No 133 The New Fowler's Modern English Usage rev. 3rd ed. at p. 235 Quirk et al A Comprehensive Grammar of the English Language at pp. 382 & 963 Macquarie Dictionary 3rd ed.