National Home Doctor Service Pty Ltd v Director of Professional Services Review

The applicant, National Home Doctor Service Pty Ltd (NHDS), sought to challenge the Director of Professional Services Review's decision to resume a review under the Health Insurance Act 1973 (Cth). The decision to resume the review came more than 12 months after the Director's initial decision to undertake a review, and NHDS argued that section 94 of the Act prevented the Director from doing so. The court had to decide whether NHDS was estopped from making this challenge under the principles of Anshun estoppel or abuse of process, and if not, whether section 94 prevented the Director from resuming the review.

The court found that NHDS was not estopped from making the current challenge because it was not unreasonable for NHDS not to have raised the issue of section 94 in the earlier proceeding. The court examined the relevant principles of Anshun estoppel and abuse of process, and determined that the current challenge did not fall within the scope of those doctrines. The court also examined the proper construction of section 94 and concluded that it did not prevent the Director from resuming the review. Therefore, the originating application was dismissed with costs. The dismissal was based on the court's finding that the Director was not prevented by section 94 from resuming the review, and that NHDS was not estopped from making the current challenge. The court ordered that the originating application be dismissed and that NHDS pay the respondent's costs.