Tanious v Australian Medical Council Limited and ; Australian Health Practitioner Regulation Agency [2015] NSWSC 447

Supreme Court New South Wales

Medium Neutral Citation: Tanious v Australian Medical Council Limited and ; Australian Health Practitioner Regulation Agency [2015] NSWSC 447 Hearing dates: 15 April 2015 Date of orders: 22 April 2015 Decision date: 22 April 2015 Jurisdiction: Common Law Before: Bellew J Decision: The proceedings against both the first and second defendants are dismissed.

I will hear the second defendant on the question of costs. Catchwords: PRACTICE AND PROCEDURE – Application for dismissal of proceedings – Where plaintiff undertook examinations with a view to registration as a medical practitioner – Where plaintiff repeatedly failed clinical assessment conducted by the first defendant – Proceedings brought seeking that the Court order that the plaintiff had passed the assessment and further seeking an order that the system of assessment be changed – Where orders sought would involve the Court substituting its own views for the views of appropriately qualified persons who had conducted the assessment – Where second defendant had played no part at all in the assessment process and had made no relevant decision – No reasonable cause of action disclosed against either defendant – Proceedings dismissed Legislation Cited: Health Practitioner Regulation National Law (NSW) (2009 No 86a) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Chan v Sellwood; Chan v Calvert [2009] NSWSC 1335 Clark v University of Lincolnshire and Humberside [2000] 1 WLR 1988 Dey v Victorian Railway Commissioners [1949] HCA 1; (1949) 78 CLR 62 General Steel Industries Inc. v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Griffith University v Tang [2005] HCA 7; (2005) 221 CLR 99 Shvetsova v the University of New England [2014] NSWSC 918 Walsh v University of Technology Sydney [2007] FCA 880 Category: Principal judgment Parties: Mofeed Louis Tanious – Plaintiff Australian Medical Council Limited – First Defendant Australian Health Practitioner Regulation Agency – Second Defendant Representation: Counsel: Plaintiff – In person Mr N J Topfer (Solicitor) – First Defendant Ms E Raper – Second Defendant