Lukac v The Royal Australian and New Zealand College of Obstetricians and Gynaecologists [2018] NSWSC 436

Supreme Court New South Wales

Medium Neutral Citation: Lukac v The Royal Australian and New Zealand College of Obstetricians and Gynaecologists [2018] NSWSC 436 Hearing dates: 12 March 2018 Date of orders: 12 April 2018 Decision date: 12 April 2018 Before: Davies J Decision: Parties to provide Short Minutes of Order to reflect reasons for judgment Catchwords: ASSOCIATIONS AND CLUBS – expulsion, suspension and disqualification – exercise of power – decision by defendant specialist medical college to expel plaintiff from fellowship training program for non-compliance with its regulations – whether the plaintiff was denied procedural fairness - defendant failed to respond to plaintiff's clearly articulated argument – inadequacy of reasons – difficulty in perceiving the reasons for the conclusion of the committee

EQUITY – equitable remedies – injunctions – mandatory - jurisdiction of court to grant relief from decision of private association – where regulations of defendant give rise to contractual obligation to accord procedural fairness to plaintiff – remedies for wrongful exercise of power – whether decision amenable to private law remedies of declaration and injunction so that defendant must reconsider decision in accordance with law Legislation Cited: Nil Cases Cited: Agricultural Societies Council of NSW v Christie [2016] NSWCA 331; (2016) 340 ALR 560 Australian Football League v Carlton Football Club Limited [1998] 2 VR 546 Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd (2010) 78 NSWLR 393; [2010] NSWCA 190 McClelland v Burning Palms Surf Life Saving Club [2002] NSWSC 470; (2002)191 ALR 759 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16 Mitchell v Royal New South Wales Canine Council Limited (2001) 52 NSWLR 242; [2001] NSWCA 162 Muralidharan v Minister for Immigration & Ethnic Affairs (1996) 62 FCR 402; (1996) 136 ALR 84 Politis v FCT (1988) 16 ALD 707 Re Henry; JL v Secretary, Department of Family and Community Services [2015] NSWCA 89 Scandrett v Dowling (1992) 27 NSWLR 483 Texts Cited: Nil Category: Principal judgment Parties: Yvette Lukac (Plaintiff) The Royal Australian and New Zealand College of Obstetricians and Gynaecologists (Defendant) Representation: Counsel: J Kelly SC & D P O'Connor (Plaintiff) R Mansted (Defendant)