Rahme v Bevan & Anor [2009] NSWSC 528

Rahme v Bevan & Anor [2009] NSWSC 528

The Review Panel's reasons fell well short of its obligation under s61(9) because it did not explain why Mr Rahme's bizarre behaviour wholly excluded psychiatric illness or why the diagnosis of chronic post-traumatic stress disorder made by Dr McClure should be rejected. In circumstances where other psychiatrists had observed similar behaviour yet diagnosed post-traumatic stress disorder, the Panel's crucial statements were unsupported conclusions rather than reasons. That inadequacy of reasons exposed an error of law, so the Review Panel's determination was quashed and the matter returned to the Second Defendant to be dealt with according to law.

Jurisdiction
Australia
Judgment Date
12 May 2009
Procedural Posture
Proceedings Under S69 of the Supreme Court Act Seeking to Quash a Medical Assessment Service Review Panel Determination for Error of Law on the Face of the Record / Determination of the Further Amended Summons
Outcome
The Review Panel's Assessment Made on Review dated 19 December 2008 was quashed; the matter was returned to the Second Defendant to be dealt with according to law; the First Defendant was ordered to pay the Plaintiff's costs; and there was no order as to the costs of the Second Defendant.
Legal Topics
['adequacy of Reasons' 'procedural Fairness' 'medical Assessment Review' 'error of Law on the Face of the Record' 'psychiatric Injury' 'whole Person Impairment']
['administrative Law' 'motor Accidents Compensation'] ['adequacy of Reasons' 'procedural Fairness' 'medical Assessment Review' 'error of Law on the Face of the Record' 'psychiatric Injury' 'whole Person Impairment']

Case Brief

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Procedural Posture

Proceedings Under S69 of the Supreme Court Act Seeking to Quash a Medical Assessment Service Review Panel Determination for Error of Law on the Face of the Record / Determination of the Further Amended Summons

Legal Issues

  1. 1 ["Whether the Review Panel failed to provide adequate reasons for revoking Dr McClure's certificate and issuing a new certificate that there was no diagnosable psychiatric disorder." 'Whether any inadequacy of reasons constituted an error of law on the face of the record warranting relief under s69 of the Supreme Court Act.']

Ratio Decidendi

The Review Panel's reasons fell well short of its obligation under s61(9) because it did not explain why Mr Rahme's bizarre behaviour wholly excluded psychiatric illness or why the diagnosis of chronic post-traumatic stress disorder made by Dr McClure should be rejected. In circumstances where other psychiatrists had observed similar behaviour yet diagnosed post-traumatic stress disorder, the Panel's crucial statements were unsupported conclusions rather than reasons. That inadequacy of reasons exposed an error of law, so the Review Panel's determination was quashed and the matter returned to the Second Defendant to be dealt with according to law.

Court Disposition

The Review Panel's Assessment Made on Review dated 19 December 2008 was quashed; the matter was returned to the Second Defendant to be dealt with according to law; the First Defendant was ordered to pay the Plaintiff's costs; and there was no order as to the costs of the Second Defendant.

Orders

  • ['I quash the "Assessment Made on Review" by the Review Panel herein dated 19 December 2008.' 'I order that the proceedings be returned to the Second Defendant to be dealt with according to law.' "I order the First Defendant to pay the Plaintiff's costs." 'No order as to the costs of the Second Defendant.' 'Exhibits...