Dezfouli v Pulley [2014] NSWCATAD 1

Dezfouli v Pulley [2014] NSWCATAD 1

Given there is a triable issue as to whether the recommended change in medication was at least partly motivated by Mr Dezfouli’s complaints, and in view of the lack of conclusive evidence for a more appropriate alternative forum, it is fair and just for the complaint to proceed.

Parties
Applicant: Saeed Dezfouli; Respondent: Dr Rafe Pulley
Jurisdiction
Australia
Judgment Date
17 January 2014
Procedural Posture
Interlocutory Application / Application for Leave to Proceed After Complaint Declined as Lacking in Substance
Outcome
Leave granted for the complaint to proceed. Guardian ad litem appointed. Listed for case conference.
Legal Topics
Victimisation, Leave to Proceed, Alternative Remedy, Medical Decisions for Forensic Patients
Anti Discrimination Administrative Law Victimisation Leave to Proceed Alternative Remedy Medical Decisions for Forensic Patients

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Parties

Saeed Dezfouli

Applicant

Dr Rafe Pulley

Respondent

Procedural Posture

Interlocutory Application / Application for Leave to Proceed After Complaint Declined as Lacking in Substance

Legal Issues

  1. 1 Whether it is fair and just to grant leave for a victimisation complaint under the Anti-Discrimination Act 1977 after the President of the Anti-Discrimination Board declined it as lacking in substance
  2. 2 Whether there is sufficient evidence of detriment and a causal link to support the complaint proceeding
  3. 3 Whether an adequate alternative remedy exists in another forum such as the Mental Health Review Tribunal or Health Care Complaints Commission

Ratio Decidendi

Given there is a triable issue as to whether the recommended change in medication was at least partly motivated by Mr Dezfouli’s complaints, and in view of the lack of conclusive evidence for a more appropriate alternative forum, it is fair and just for the complaint to proceed.

Court Disposition

Leave granted for the complaint to proceed. Guardian ad litem appointed. Listed for case conference.

Orders

  • Leave is granted for Mr Dezfouli's complaint to proceed.
  • The Tribunal appoints a guardian ad litem to represent Mr Dezfouli.