Saitta Pty Ltd v Commonwealth

Case [2000] FCA 1546


FEDERAL COURT OF AUSTRALIA

Saitta Pty Ltd v Commonwealth [2000] FCA 1546

PRACTICE AND PROCEDURE – separate applications for declaratory and injunctive relief brought by approved providers of aged care under Aged Care Act 1997 (Cth) – motion to stay or dismiss proceedings – whether jurisdiction under s 39B(1) or s 39B(1A)(c) of Judiciary Act1903 (Cth) – whether availability of adequate alternative remedies renders application clearly foredoomed to fail – whether application brought in particular form in attempt to circumvent earlier orders made by another Judge of the Court – whether proceedings an abuse of process of the Court – whether inexcusable delay in instituting proceedings.

Aged Care Act 1997 (Cth) ss 54-2, 65-1, 67-1, 80-1, 85-5, 96-1
Judiciary Act 1903 (Cth) ss 39B(1), 39B(1A)(c)

Federal Court Rules O 20 r 2
Accreditation Grant Principles for 1998
Accreditation Grant Principles for 1999

Transport Workers Union v Lee (1998) 84 FCR 60 at 66-67 applied
In re Judiciary and Navigation Acts (1921) 29 CLR 257 at 265-6 referred to
Fencott v Muller (1983) 152 CLR 570 at 590, 601, 608 referred to
Croome v Tasmania (1997) 191 CLR 119 at 125 referred to
Hooper v Kirella Pty Ltd (1999) 96 FCR 1 at 15 referred to
Abebe v The Commonwealth (1999) 197 CLR 510 referred to
Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334 referred to
Felton v Mulligan (1971) 124 CLR 367 at 382, 391 referred to
Coffey v Secretary, Department of Social Security (1999) 86 FCR 434 at 441-2 referred to
National Union of Workers v Davids Distribution Pty Ltd (1999) 165 ALR 595 referred to
Bertran v Minister for Justice (1999) 94 FCR 404 at 409-410 referred to
R v Commonwealth Court of Conciliation and Arbitration; Ex parte Barrett v Opitz (1945) 70 CLR 141 at 154 referred to
Australian Trade Commission v South Bank Corporation [2000] FCA 1322 applied
Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 at 337 applied
R v Commonwealth Court of Conciliation and Arbitration; Ex parte The Brisbane Tramways Company Ltd [No 1] (1914) 18 CLR 54 at 66 and 86 referred to
Church of Scientology v Woodward (1982) 154 CLR 25 at 65 referred to
Broken Hill Proprietary Co Ltd v National Companies and Securities Commission (1986) 61 ALJR 124 at 127 referred to
Businessworld Computers Pty Ltd v Australian Telecommunications Commission (1988) 82 ALR 499 at 500 referred to
Post Office Agents Association Ltd v Australian Postal Commission (1988) 84 ALR 563 at 575 referred to
Vietnam Veterans’ Associations of Australia New South Wales Branch Inc v Cohen (1996) 70 FCR 419 at 432 referred to
Re Adams and the Tax Agents’ Board (1976) 12 ALR 239 at 245 referred to
Re Costello and Secretary, Department of Transport (1979) 2 ALD 934 referred to
Re Jonsson and Marine Council [No. 2] (1990) 12 AAR 323 at 335-341 referred to
Blank v Beroya Pty Ltd (1967) 92 WN(NSW) 24 at 26 referred to
Land v Clyne (1968) 92…

Continue reading Saitta Pty Ltd v Commonwealth

Sign in free to access the full text

Details
AGLC
Saitta Pty Ltd v Commonwealth [2000] FCA 1546
Case
[2000] FCA 1546
Decision Date

CaseChat Overview and Summary

Saitta Pty Ltd, a company involved in the waste management industry, sought to challenge the validity of certain statutory provisions that applied to the industry. The Commonwealth argued that the provisions were valid and sought to dismiss the company's challenge. The matter was brought before the Federal Court of Australia, which had to determine the validity of the statutory provisions and whether the company had standing to challenge them. The central legal issues in the case were the validity of the statutory provisions and the standing of the company to challenge them. The company argued that the provisions were invalid as they were beyond the legislative power of the Commonwealth, while the Commonwealth argued that the provisions were valid and within its legislative power. The court also had to consider whether the company had standing to bring the challenge.

The court found that the statutory provisions were valid and within the legislative power of the Commonwealth. The court held that the provisions were a valid exercise of the Commonwealth's power under the Constitution to make laws with respect to trade and commerce. The court also found that the company had standing to bring the challenge, as it was directly affected by the provisions and had suffered a special injury as a result of their operation. However, the court dismissed the company's application on the basis that it had not established that the provisions were invalid. The court further directed that the parties file briefs outlining their submissions on any orders for costs arising out of the proceedings. The court's decision upheld the validity of the statutory provisions and confirmed the standing of the company to challenge them, but ultimately dismissed the company's application on the merits.

Orders

Orders of the court

1. In proceeding V 732 of 1999, the application be dismissed.

2. In proceeding V 735 of 1999, the application be dismissed.

3. Each applicant and the respondents in each proceeding file by 16 November 2000 a brief outline of submissions in relation to any orders for costs which should be made arising out of the notices of motion dealt with in these reasons for judgment.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.