Wortley v HCCC [2003] NSWSC 61

Wortley v HCCC [2003] NSWSC 61

The Health Care Complaints Act 1993 (NSW) establishes a regulatory complaints investigation scheme for the benefit of society generally and not private rights for individuals. The plaintiff's claim, whether framed as breach of statutory duty or failure to act in good faith in processing his complaint, did not disclose a recognised cause of action against the defendant. The claim was therefore doomed to failure and the statement of claim was dismissed.

Jurisdiction
Australia
Judgment Date
20 February 2003
Procedural Posture
Common Law Proceedings Seeking Damages Against the Health Care Complaints Commission / Determination of Motions for Summary Dismissal, Including the Defendant's Notice of Motion Under Part 13 R 5(1) of the Supreme Court Rules
Outcome
Statement of claim dismissed; plaintiff ordered to pay the defendant's costs.
Legal Topics
['summary Judgment' 'dismissal of Proceedings' 'no Reasonable Cause of Action' 'abuse of Process' 'health Care Complaints Investigation' 'duty to Act in Good Faith' 'breach of Statutory Duty']
['civil Procedure' 'administrative Law' 'health Law' 'tort'] ['summary Judgment' 'dismissal of Proceedings' 'no Reasonable Cause of Action' 'abuse of Process' 'health Care Complaints Investigation' 'duty to Act in Good Faith' 'breach of Statutory Duty']

Case Brief

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Procedural Posture

Common Law Proceedings Seeking Damages Against the Health Care Complaints Commission / Determination of Motions for Summary Dismissal, Including the Defendant's Notice of Motion Under Part 13 R 5(1) of the Supreme Court Rules

Legal Issues

  1. 1 ['Whether the statement of claim disclosed a reasonable cause of action against the Health Care Complaints Commission.' "Whether the pleaded duty to act in good faith in processing the plaintiff's complaints was a cause of action known to law." 'Whether s 96 of the Health Care Complaints Act 1993 (NSW) created or supported a cause of action where a matter was allegedly done in bad faith.' 'Whether the proceedings should be stayed or dismissed under Part 13 r 5(1) of the Supreme Court Rules.']

Ratio Decidendi

The Health Care Complaints Act 1993 (NSW) establishes a regulatory complaints investigation scheme for the benefit of society generally and not private rights for individuals. The plaintiff's claim, whether framed as breach of statutory duty or failure to act in good faith in processing his complaint, did not disclose a recognised cause of action against the defendant. The claim was therefore doomed to failure and the statement of claim was dismissed.

Court Disposition

Statement of claim dismissed; plaintiff ordered to pay the defendant's costs.

Orders

  • ['The statement of claim is dismissed.' "The plaintiff is to pay the defendant's costs as agreed or assessed of both the motions and of the proceedings."]