Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ultrarad Pty Ltd v Health Insurance Commission [2005] FCA 816
ADMINISTRATIVE LAW – judicial review – Health Insurance Act - diagnostic imaging services – eligible equipment – equipment purchased under a 'contract in writing' prior to a cut-off date – written quotation – oral acceptance – whether contract in writing – varied form of contract – varied form submitted with statutory declaration – non-compliance with mandatory requirements of the relevant Regulations
WORDS AND PHRASES - 'contract in writing'
Administrative Decisions (Judicial Review) Act 1977 (Cth)
Health Insurance Act 1973 (Cth)
Cooper & Sons v Neilson & Maxwell Ltd [1919] VLR 66 cited
Pooley v Driver (1877) 5 Ch D 458 cited
TA Ruf & Company Limited v Pauwels [1919] 1 KB 660 cited
RJT Consulting Engineers Ltd v DM Engineering (Northern Ireland) Ltd [2002] 1 WLR 2344 cited
Georgiou v Sindel [1982] 1 NSWLR 435 cited
GFT Australia Pty Ltd v Collector of Customs (1995) 56 FCR 30 cited
Metway Leasing Limited v Commissioner of State Revenue [2004] 2 Qd R 409 cited
MacRobertson-Miller Airline Services v Commissioner of State Taxation (WA) (1975) 133 CLR 125 cited
Jowitt's Dictionary of English Law (2nd Edition Sweet & Maxwell 1977)
Corbin on Contracts (Revised Edition) Vol 1
ULTRARAD PTY LTD and QUEENSLAND X-RAY PTY LTD v HEALTH INSURANCE COMMISSION
Q204 OF 2004
FRENCH J
20 JUNE 2005
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q204 OF 2004
BETWEEN: ULTRARAD PTY LTD
FIRST APPLICANT
QUEENSLAND X-RAY PTY LTD
SECOND APPLICANT
AND: HEALTH INSURANCE COMMISSION
RESPONDENT
JUDGE: FRENCH J
DATE OF ORDER: 20 JUNE 2005
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The application is dismissed.
2. The applicants are to pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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