Freeman, Jack v Best, James & Ors [1982] FCA 6

Freeman, Jack v Best, James & Ors [1982] FCA 6

There is sufficient prima facie case and urgency to justify interim orders suspending the Committee and Minister's decisions under the Judicial Review Act, pending final determination, despite alternative remedies being available.

Parties
Applicant: Jack Freeman; Respondent: James Best; Respondent: R. C. Webb; Respondent: N. J. Radford; Respondent: 3. Ff. MacDonald; Respondent: D. R. Leslie; Respondent: Michael John MacKellar
Jurisdiction
Australia
Judgment Date
27 January 1982
Procedural Posture
Application / Interlocutory (ex Tempore Judgment on Application for Interim/interlocutory Orders)
Outcome
Interim/interlocutory orders granted; application for suspension succeeds pending final determination
Legal Topics
Judicial Review, Natural Justice, Excessive Medical Services, Interim Suspension of Administrative Decisions
Administrative Law Health Law Judicial Review Natural Justice Excessive Medical Services Interim Suspension of Administrative Decisions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Jack Freeman

Applicant

James Best

Respondent

R. C. Webb

Respondent

N. J. Radford

Respondent

3. Ff. MacDonald

Respondent

D. R. Leslie

Respondent

Michael John MacKellar

Respondent

Procedural Posture

Application / Interlocutory (ex Tempore Judgment on Application for Interim/interlocutory Orders)

Legal Issues

  1. 1 Whether there was evidence or material to justify the Committee and Minister's decisions
  2. 2 Whether there was a denial of natural justice
  3. 3 Whether Judicial Review Act remedies are available in presence of alternative review/appeal pathways

Ratio Decidendi

There is sufficient prima facie case and urgency to justify interim orders suspending the Committee and Minister's decisions under the Judicial Review Act, pending final determination, despite alternative remedies being available.

Court Disposition

Interim/interlocutory orders granted; application for suspension succeeds pending final determination

Orders

  • Pending the hearing and determination of application V.G. No. 6 of 1982 or further order, the decision of the Medical Services Committee of Inquiry for the State of Victoria dated 29 July 1981 and the determination of the Minister of State for Health dated 10 September 1981 are suspended.
  • Liberty to apply.