Federal Court of Australia
Federal Court of Australia
Mohamed trading as Billan Family Day Care v Secretary, Department of Education, Skills and Employment (No 3) [2021] FCA 1537 File number: VID 374 of 2020
Judgment of: O'BRYAN J
Date of judgment: 9 December 2021
Catchwords: ADMINISTRATIVE LAW – application to review a decision cancelling provider approval under s 195H of the A New Tax System (Family Assistance) (Administration) Act 1999 (Cth) DAMAGES – undertaking as to damages given in support of an application to stay the decision under s 15 of the Administrative Decisions (Judicial Review) Act 1977 (Cth), pending the completion of the review – application to review unsuccessful and stay lifted – application for enforcement of the undertaking as to damages – applicable principles – whether the respondent suffered loss or damage as a result of the stay – damages awarded
Legislation: A New Tax System (Family Assistance) (Administration) Act 1999 (Cth) s 195H Administrative Decisions (Judicial Review) Act 1977 (Cth) s 15
Cases cited: Air Express Ltd v Ansett Transport Industries (Operations) Pty Ltd (1981) 146 CLR 249 Azaria Family Day Care Pty Ltd v Secretary, Department of Education and Training [2018] FCA 1640 Botany Bay City Council v Minister of State for Transport & Regional Development (1966) 90 LGERA 81 European Bank Limited v Robb Evans of Robb Evans & Associates (2010) 240 CLR 432 Century Metals and Mining NL v Yeomans (1988) 85 ALR 54 Cheltenham & Gloucester Building Society v Ricketts [1993] 1 WLR 1545 Commonwealth of Australia v Sanofi (formerly Sanofi-Aventis) (No 5) [2020] FCA 543; 151 IPR 237 Galaxy Day Care Pty Ltd v Department of Education and Training [2018] FCA 1549 March v E & MH Stramare Pty Ltd (1991) 171 CLR 506 Mohamed trading as Billan Family Day Care v Secretary, Department of Education, Skills & Employment [2020] FCA 900 Mohamed trading as Billan Family Day Care v Secretary, Department of Education, Skills & Employment (No 2) [2020] FCA 1749 Yukong Line Ltd v Rendsburg Investment Corp [2001] 2 Lloyd's Rep 113 (CA)
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