ROEHRICH v NSW MEDICAL BOARD [2006] NSWSC 170

ROEHRICH v NSW MEDICAL BOARD [2006] NSWSC 170

The plaintiff is not entitled to damages as a consequence of the invalid administrative decision, as the relevant statutory scheme does not grant a private right of action, nor is a duty of care raised at common law. However, the unauthorized entry of the Medical Board's representative constituted trespass, actionable per se, entitling the plaintiff to $100 in damages.

Jurisdiction
Australia
Judgment Date
24 March 2006
Procedural Posture
Civil / Post Judgment Damages and Costs Determination
Outcome
Damages awarded for trespass; each party to pay own costs.
Legal Topics
['invalid Administrative Decision' 'trespass' 'damages']
['administrative Law' 'tort Law'] ['invalid Administrative Decision' 'trespass' 'damages']

Case Brief

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Procedural Posture

Civil / Post Judgment Damages and Costs Determination

Legal Issues

  1. 1 ["Is the plaintiff entitled to damages for the Board's invalid administrative decision?" "Is the plaintiff entitled to damages for trespass by the Board's agent?"]

Ratio Decidendi

The plaintiff is not entitled to damages as a consequence of the invalid administrative decision, as the relevant statutory scheme does not grant a private right of action, nor is a duty of care raised at common law. However, the unauthorized entry of the Medical Board's representative constituted trespass, actionable per se, entitling the plaintiff to $100 in damages.

Court Disposition

Damages awarded for trespass; each party to pay own costs.

Orders

  • ['Order the Defendant to pay the Plaintiff damages in the sum of $100.' 'Order each party to pay his, her or its own costs.']