Damato v Holmes [1999] FCA 758

Damato v Holmes [1999] FCA 758

Section 89(2) of the Health Insurance Act 1973 makes clear that the Director's decision to set up a Professional Services Review Committee is not invalidated by failure to comply with the 28-day time period, and the circumstances did not establish a sufficient basis for permanent stay or interlocutory relief.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
07 June 1999
Procedural Posture
Application for Interlocutory Relief / Judicial Review / Hearing of Interlocutory Motion
Outcome
Applicant's motion refused with costs
Legal Topics
['professional Services Review Scheme' 'judicial Review' 'delay in Administrative Decision Making']
['administrative Law' 'health Law'] ['professional Services Review Scheme' 'judicial Review' 'delay in Administrative Decision Making']

Source-derived case record

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Procedural Posture

Application for Interlocutory Relief / Judicial Review / Hearing of Interlocutory Motion

Legal Issues

  1. 1 ['Whether delay in decision to set up a Professional Services Review Committee invalidates the decision under s 89 of the Health Insurance Act 1973' 'Whether a permanent stay should be granted due to delay' 'Whether serious question to be tried exists for the grant of interlocutory relief']

Ratio Decidendi

Section 89(2) of the Health Insurance Act 1973 makes clear that the Director's decision to set up a Professional Services Review Committee is not invalidated by failure to comply with the 28-day time period, and the circumstances did not establish a sufficient basis for permanent stay or interlocutory relief.

Court Disposition

Applicant's motion refused with costs

Orders

  • ["The applicant's motion, notice of which was filed on 2 June 1999, is refused with costs."]