Schroeder Holdings Pty Ltd & Anor v Grimes, D.J. & Anor [1986] FCA 37

Schroeder Holdings Pty Ltd & Anor v Grimes, D.J. & Anor [1986] FCA 37

The application failed because the applicants did not establish that the fee level made the nursing home non-viable, the circumstances did not require further notice before the 12 July 1985 determination, the applicants knew the Department awaited salary and wage information and had withdrawn their NH 19 material,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 February 1986
Procedural Posture
Application for Relief Pursuant to S.5 of the Administrative Decisions (judicial Review) Act 1977 / Judicial Review of Delegate's Determination of Maximum Fees for Nursing Home Care at Balmoral Lodge Private Nursing Home
Outcome
Application dismissed; applicants to pay costs including reserved costs.
Legal Topics
['judicial Review' 'natural Justice' 'nursing Home Fee Determinations' 'ministerial Principles Under National Health Act 1953' 'administrative Discretion']
['administrative Law' 'health Law'] ['judicial Review' 'natural Justice' 'nursing Home Fee Determinations' 'ministerial Principles Under National Health Act 1953' 'administrative Discretion']

Source-derived case record

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Procedural Posture

Application for Relief Pursuant to S.5 of the Administrative Decisions (judicial Review) Act 1977 / Judicial Review of Delegate's Determination of Maximum Fees for Nursing Home Care at Balmoral Lodge Private Nursing Home

Legal Issues

  1. 1 ['Whether the maximum fees determined on 12 July 1985 were so low that no reasonable person could have made the determination under s.40AA(6)(c)(i) of the National Health Act 1953.' 'Whether the delegate denied natural justice by substantially reducing the fee level without giving the applicants an opportunity to make submissions.' 'Whether the determination was based on earlier determinations made by reference to Ministerial principles which were not legally in force or applicable at the time.' 'Whether the delegate failed to have regard to the amount of rent actually payable by the applicants under an arms length lease.' "Whether the delegate erred by adopting the Minister's principles formulated pursuant to s.40AA(7) of the National Health Act 1953 as amended by Act No. 35 of 1983."]

Ratio Decidendi

The application failed because the applicants did not establish that the fee level made the nursing home non-viable, the circumstances did not require further notice before the 12 July 1985 determination, the applicants knew the Department awaited salary and wage information and had withdrawn their NH 19 material, the determination was a separate exercise made when the Ministerial principles were legally operative, and the amended National Health Act 1953 permitted the principles to require disregard of actual rent beyond the allowed amount. In any event, the Court would not exercise its discretionary power to grant relief.

Court Disposition

Application dismissed; applicants to pay costs including reserved costs.

Orders

  • ['The application be dismissed.' 'The costs including reserved costs be paid by the applicants.']