Jadwan Pty Ltd v Secretary, Commonwealth Department of Health & Aged Care [2002] FCA 1052

Jadwan Pty Ltd v Secretary, Commonwealth Department of Health & Aged Care [2002] FCA 1052

Jadwan's claim failed because on 30 September 1997 there was no operative approval for Derwent Court Nursing Home; the Minister's revocation, though subsequently set aside, continued in effect until the date of the Full Court's order. Under the legislation, the transitional benefits and status did not apply since no approval or patients (and thus no payable benefit) existed at the critical date. There was no basis for a finding that the removal of patients was unlawful, and in any case the lapse of status as approved provider and the absence of an allocation of places left the applicant with no entitlement to relief.

Jurisdiction
Australia
Judgment Date
23 August 2002
Procedural Posture
Application for Declaratory Relief (administrative Law) / Final Judgment at First Instance
Outcome
Application dismissed with costs
Legal Topics
['declaratory Relief' 'revocation of Approval' 'transitional Provisions' 'judicial Review' 'improper Exercise of Power']
['administrative Law' 'aged Care'] ['declaratory Relief' 'revocation of Approval' 'transitional Provisions' 'judicial Review' 'improper Exercise of Power']

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Procedural Posture

Application for Declaratory Relief (administrative Law) / Final Judgment at First Instance

Legal Issues

  1. 1 ['Whether Jadwan Pty Ltd qualified for transfer of status as an approved provider under the Aged Care Act 1997 (Cth) via the Aged Care (Consequential Provisions) Act 1997 (Cth)' 'Whether the revocation of approval by the Minister operated from the original date of decision or from the date of the appellate order' 'Whether a Commonwealth benefit needed to be payable in fact or in law for transition provisions' 'Whether removal of nursing home patients was unlawful' "Whether lapse of applicant's status as approved provider was a ground to refuse relief"]

Ratio Decidendi

Jadwan's claim failed because on 30 September 1997 there was no operative approval for Derwent Court Nursing Home; the Minister's revocation, though subsequently set aside, continued in effect until the date of the Full Court's order. Under the legislation, the transitional benefits and status did not apply since no approval or patients (and thus no payable benefit) existed at the critical date. There was no basis for a finding that the removal of patients was unlawful, and in any case the lapse of status as approved provider and the absence of an allocation of places left the applicant with no entitlement to relief.

Court Disposition

Application dismissed with costs

Orders

  • ['The Minister for Health and Aged Care is added as the second respondent.' 'Leave to the applicant to amend its application by adding grounds regarding unlawful removal of patients and liberty to apply for implementation of orders.' 'Application dismissed.' "The applicant is to pay the respondents' costs of and...