Riverside Nursing Care Pty Ltd v Administrative Appeals Tribunal [2001] FCA 1410

FEDERAL COURT OF AUSTRALIA

Riverside Nursing Care Pty Ltd v Administrative Appeals Tribunal [2001] FCA 1410 Commissioner of Taxation v Beddoe (1996) 68 FCR 446 applied Geographical Indications Committee v O'Connor [2000] FCA 1877 applied Australian Postal Commission v Hayes (1989) 23 FCR 320 cited Reg v Small Claims Tribunal; Ex parte Cameron [1976] VR 427 distinguished RIVERSIDE NURSING CARE PTY LTD (Subject to Deed of Company Arrangement) v ADMINISTRATIVE APPEALS TRIBUNAL and ANDREW PODGER (as the Secretary of the Commonwealth Department of Health and Aged Care) V 1054 OF 2001 SUNDBERG J 5 OCTOBER 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1054 OF 2001

BETWEEN: RIVERSIDE NURSING CARE PTY LTD

(Subject to Deed of Company Arrangement)

(ACN 005 377 453)

APPLICANT

AND: ADMINISTRATIVE APPEALS TRIBUNAL

FIRST RESPONDENT

ANDREW PODGER

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

SECOND RESPONDENT

JUDGE: SUNDBERG J

DATE OF ORDER: 5 OCTOBER 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The motion notice of which was filed on 1 October 2001 be dismissed. 2. The applicant pay the second respondent's costs of and incidental to the motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1054 OF 2001

BETWEEN: RIVERSIDE NURSING CARE PTY LTD

(Subject to Deed of Company Arrangement)

(ACN 005 377 453)

APPLICANT

AND: ADMINISTRATIVE APPEALS TRIBUNAL

FIRST RESPONDENT

ANDREW PODGER

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

SECOND RESPONDENT