Nguyen v Minister for Health & Ageing [2002] FCA 1462

FEDERAL COURT OF AUSTRALIA

Nguyen v Minister for Health & Ageing [2002] FCA 1462 PRACTICE AND PROCEDURE – application to vary order prior to entry – whether order setting aside decision of Minister operated from date of judgment or date of decision – s 16(1)(a) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) – discretion to make order nullifying decision capable of operating retrospectively – factors relevant to exercise of discretion Administrative Decisions (Judicial Review) Act 1977 (Cth) s 16(1)(a) National Health Act 1953 (Cth) Wattmaster Alco Pty Ltd v Button (1986) 13 FCR 253 at 256-258 applied BHP Direct Reduced Iron Pty Ltd v Chief Executive Officer, Australian Customs Service (1998) 55 ALD 665 applied Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 187 ALR 117 pars [46], [51], [53], [63] and [132] followed Craig v South Australia (1995) 184 CLR 163 referred to Minister for Health and Family Services v Jadwan Pty Ltd (1998) 89 FCR 478 referred to Jadwan Pty Ltd v Secretary, Commonwealth Department of Health & Aged Care [2002] FCA 1052 referred to KIMBERLEY NGUYEN v MINISTER FOR HEALTH AND AGEING V580 of 2002 WEINBERG J 4 DECEMBER 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V580 OF 2002

BETWEEN: KIMBERLEY NGUYEN

APPLICANT

AND: MINISTER FOR HEALTH AND AGEING

RESPONDENT

JUDGE: WEINBERG J

DATE OF ORDER: 4 DECEMBER 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The orders of the Court made on 10 October 2002 be varied by adding a new order 1A which is in the following terms: 1A. That order 1 take effect from 4 September 2002. 2. There be no order as to the costs of the application to vary those orders. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.