Mohareb v Health Care Complaints Commission [2024] NSWCA 79

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mohareb v Health Care Complaints Commission [2024] NSWCA 79 Hearing dates: 11 April 2024 Date of orders: 11 April 2024 Decision date: 11 April 2024 Before: Kirk JA at [1] Griffiths AJA at [2] Decision: By consent, the Court makes the following orders: 1. Set aside the orders (1) and (2) made by Justice Weinstein on 16 October 2023 in the proceedings below. 2. Declare that the review decision made by the Respondent on 25 November 2022 is invalid on the basis that the decision lacked a rational foundation in that it misunderstood the nature and function of the NSW Health Liability Panel, as being a body before which "formal proceedings" were underway at the time of the decision. 3. Order that the Respondent pay the Applicant's costs below and in this Court. 4. The Summons seeking leave to appeal in this Court, filed 10 January 2024, is dismissed. 5. The Summons in the court below, filed 9 December 2022, is otherwise dismissed. Legislation Cited: Health Care Complaints Act 1993 (NSW) s 27(1)(c) Cases Cited: Mohareb v Healthcare Complaints Commission [2023] NSWSC 1224 Category: Principal judgment Parties: N Mohareb (Applicant) Health Care Complaints Commission (Respondent) Representation: Counsel: N Mohareb (Litigant-in-person) J Emmett SC/M Mellos (Respondent)

Solicitors: Health Care Complaints Commission (Respondent) File Number(s): 2023/357459 Publication restriction: Nil. Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Citation: [2023] NSWSC 1224 Date of Decision: 16 October 2023 Before: Weinstein J File Number(s): 2022/375297