Aged Care Standards and Accreditation Agency Limited v Kenna Investments Pty Ltd [2004] FCA 843

FEDERAL COURT OF AUSTRALIA

Aged Care Standards and Accreditation Agency Limited v Kenna Investments Pty Ltd [2004] FCA 843 ADMINISTRATIVE LAW – Administrative Appeals Tribunal – power of review of decision of accreditation body to vary accreditation period – point of time to which Tribunal is to address itself – Aged Care Act 1997 (Cth) – Accreditation Grant Principles 1999 AGED CARE – review by Administrative Appeals Tribunal of decision to vary accreditation period – point of time to which Tribunal is to address itself – relevance of factual material remote in time from decision under review – Aged Care Act 1997 (Cth) – Accreditation Grant Principles 1999 Aged Care Act 1997 (Cth) Chapter 4, Chapter 5, s 96‑1, s 54‑1 Accreditation Grant Principles 1999 s 3.22, s 3.24 Australian Broadcasting Commission Staff Association v Bonner (1984) 2 FCR 561 cited Commissioner of Taxation v McMahon (1997) 79 FCR 127 cited Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 cited Freeman v Secretary, Department of Social Security (1988) 19 FCR 342 cited Saitta Pty Ltd v Commonwealth [2001] FCA 817 referred to Seventh Mingcourt Pty Ltd v Lawrence (1996) 64 FCR 367 cited The Hospital Benefit Fund of Western Australia Inc v Minister for Health, Housing and Community Services (1992) 39 FCR 225 cited AGED CARE STANDARDS AND ACCREDITATION AGENCY LIMITED v KENNA INVESTMENTS PTY LTD and HONOURABLE R N J PURVIS QC N 376 of 2004 BRANSON J 1 JULY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 376 of 2004

BETWEEN: AGED CARE STANDARDS AND ACCREDITATION AGENCY LIMITED

APPLICANT

AND: KENNA INVESTMENTS PTY LTD

FIRST RESPONDENT

HONOURABLE R N J PURVIS QC

SECOND RESPONDENT

JUDGE: BRANSON J