Lee v Grigor [2005] FCAFC 198

Lee v Grigor [2005] FCAFC 198

The Professional Services Review Committee erred in law by consistently asking the wrong legal question ('exceptional circumstances') under Regulation 11(b) and considering irrelevant matters in its determination of Dr Lee's claims. The primary judge was correct to quash the decision. However, in the absence of any finding that the committee could not reconsider the matter, it should be remitted to the same committee for determination according to law.

Jurisdiction
Australia
Judgment Date
16 September 2005
Procedural Posture
Appeal / Full Court Judgment on Appeal and Cross Appeal From a Single Judge Decision
Outcome
Cross-appeal allowed; orders set aside; matter remitted to first respondents for determination according to law.
Legal Topics
['professional Services Review Scheme' 'health Insurance Act 1973 (cth)' 'prescribed Pattern of Services' 'exceptional Circumstances' 'peer Review of Medical Practitioner Conduct']
['administrative Law' 'health Law'] ['professional Services Review Scheme' 'health Insurance Act 1973 (cth)' 'prescribed Pattern of Services' 'exceptional Circumstances' 'peer Review of Medical Practitioner Conduct']

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Procedural Posture

Appeal / Full Court Judgment on Appeal and Cross Appeal From a Single Judge Decision

Legal Issues

  1. 1 ["Whether the Professional Services Review Committee asked the correct legal question under Regulation 11(b) regarding 'exceptional circumstances'" 'Whether irrelevant matters were considered by the Committee in assessing absence of medical services' 'Appropriate remitter: to same committee or differently constituted committee']

Ratio Decidendi

The Professional Services Review Committee erred in law by consistently asking the wrong legal question ('exceptional circumstances') under Regulation 11(b) and considering irrelevant matters in its determination of Dr Lee's claims. The primary judge was correct to quash the decision. However, in the absence of any finding that the committee could not reconsider the matter, it should be remitted to the same committee for determination according to law.

Court Disposition

Cross-appeal allowed; orders set aside; matter remitted to first respondents for determination according to law.

Orders

  • ['The cross-appeal be allowed.' 'Paragraph 2 of the orders made on 7 February 2005 be set aside.' 'The orders made on 29 April 2005 be set aside.' 'The matter be remitted to the first respondents/cross-appellants to determine Adjudicative Referral No. 292 according to law.' 'The question of costs be reserved.'...