Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chandra v Webber [2010] FCA 705 Citation: Chandra v Webber [2010] FCA 705
Parties: SURESH CHANDRA v ANTHONY DAVID WEBBER and FRANK HAM, ROBERT PAVER AND ALAN COOPER
File number(s): VID 923 of 2009
Judge: BROMBERG J
Date of judgment: 6 July 2010
Catchwords: ADMINISTRATIVE LAW – Judicial Review – Decision to appoint members to Professional Services Review Committee – Whether decision maker misconstrued statutory requirements dealing with requisite attributes for appointment as a member – Decision not to revoke appointments – Alleged that decision maker failed to consider the statutory basis for revocation – Whether there was a failure in decision making process or a failure in communicating the basis for the decision – Whether failure by applicant to seek reasons for decision relevant to exercise of discretion to refuse relief – Application dismissed. PRACTICE AND PROCEDURE – Admissibility of evidence not before the decision maker in proceedings for judicial review.
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 2, 5, 13, 16 Health Insurance Act 1973 (Cth), Part VAA; ss 3, 3D, 19B, 79A, 80, 81, 82, 84, 85, 86, 93, 95, 96, 101, 106KD, 106L, 106Q, 106TA, 106U Judiciary Act 1903 (Cth), s 39B
Cases cited: Alexander v Australian Community Pharmacy Authority (2010) 265 ALR 424 Attorney-General (NT) v Hand (1988) 16 ALD 318 Attorney-General for the Northern Territory v Minister for Aboriginal Affairs (1989) 23 FCR 536 Australian Retailers Association v Reserve Bank of Australia (2005) 148 FCR 446 Brehoi v Attorney-General of the Commonwealth of Australia [2000] FCA 1747 Civil Aviation Safety Authority v Central Aviation Pty Ltd [2009] FCA 49 Crowley v Holmes (2003) 132 FCR 114 Ex parte Mullen; re Hood (1935) 35 SR (NSW) 289 Holmes v Mercado (2000) 111 FCR 160 Kentucky Fried Chicken v Gantidis (1979) 140 CLR 675 McCormack v The Commissioner of Taxation (2001) 114 FCR 574 Minister for Immigration and Ethnic Affairs v Taveli (1990) 23 FCR 162 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Percerep v Minister for Immigration (1998) 86 FCR 483 Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 R v Chairman of General Sessions at Hamilton; Ex parte Atterby [1959] VR 800 R v Northumberland Compensation Tribunal, Ex parte Shaw [1952] 1 KB 338 Re Polites; Ex parte Hoyts Corporation Pty Ltd (1991) 173 CLR 78 Saint v Holmes (2008) 170 FCR 262 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26 Telstra Corporation Ltd v ACCC (2008) 176 FCR 153 The Queen v Cohen; Ex parte Attorney-General for the State of Queensland (1981)157 CLR 331 Tisdall v Webber [2010] FCA 501
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