| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
No. 6299 of 2009
| CHUBB SECURITY AUSTRALIA PTY LTD | Plaintiff |
| v | |
| DR DAVID KOTZMAN & ORS | Defendants |
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JUDGE: | CAVANOUGH J | |
WHERE HELD: | Melbourne | |
DATES OF HEARING: | 4, 10, 16 June 2010 | |
DATE OF ORDER: | 16 June 2010 | |
DATE OF PUBLICATION OF REASONS: | 21 June 2010 | |
CASE MAY BE CITED AS: | Chubb Security Pty Ltd v Kotzman & Ors (No 2) | |
MEDIUM NEUTRAL CITATION: | [2010] VSC 281 | |
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ADMINISTRATIVE LAW – Administrative Law Act 1978 (“Act”) – Reasons for administrative decisions - Act requiring tribunal to furnish written statement of reasons for decision where request for reasons made by person affected within 30 days of decision coming to knowledge – Power in Supreme Court to order furnishing of statement or further statement of reasons on application by “the person making the request” – Medical Panel – Opinion – Contemporaneous statement of reasons given to person affected – Given voluntarily and without prior request – Person affected makes no request for reasons or further reasons within 30 day period – Statement given inadequate to enable Court to see whether decision involves error of law - Whether person affected entitled to apply for order for further statement of reasons – No such entitlement – Application for such order refused – Observations as to procedural issues - Administrative Law Act 1978 ss 2, 3, 4, 8, 10 - Supreme Court (General Civil Procedure) Rules 2005, Chapter I, rr 1.12, 4.05, 77.01(2)(a)(ii), 77.03.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr M. Fleming | Wisewould Mahoney |
| For the Fourth Defendant | Mr M. O’Loghlen QC (On 10 and 16 June 2010) Mr B. Anderson (On 4 June 2010) Mr G. Wicks (On 10 and 16 June 2010) | Shine Lawyers |
HIS HONOUR:
On 4 June 2010 I published reasons for judgment in this matter, reserving liberty to the parties to make further submissions on certain outstanding issues and deferring the making of any substantive orders.[1]
[1]Chubb Security Australia Pty Ltd v Kotzman & Ors [2010] VSC 242. See especially at [52]-[56].
Having heard the parties further on 4, 10 and 16 June 2010, I made orders on 16 June 2010 dismissing the proceeding and requiring the plaintiff employer (Chubb Security Australia Pty Ltd) to pay the costs of the fourth defendant worker (Mr Adrian Andrighetto). I gave brief oral reasons for those orders and indicated that I would publish written reasons in due course. I now do so.
This proceeding was commenced by originating motion, accompanied by a summons on originating motion. The employer’s principal claim in the originating motion was for an order in the nature of certiorari quashing the Medical Panel’s opinion on the ground of jurisdictional error or error of law on the face of the record, together with an order in the nature of mandamus remitting the medical questions in respect of which the certified opinion was given to a differently constituted panel to be reconsidered in…
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- AGLC
- Chubb Security Pty Ltd v Kotzman (No 2) [2010] VSC 281
- Case
- [2010] VSC 281
- Decision Date
CaseChat Overview and Summary
The court examined the relevant statutory provisions, particularly sections 2, 3, 4, 8, and 10 of the Administrative Law Act 1978. It also considered the Supreme Court (General Civil Procedure) Rules 2005, including rules 1.12, 4.05, 77.01(2)(a)(ii), and 77.03. The court held that the Act's requirement for a written statement of reasons applied only when a request was made by the person affected within 30 days of becoming aware of the decision. Given that the Panel had provided a contemporaneous statement of reasons voluntarily, and the applicant had not made a request within the statutory timeframe, the applicant did not have the right to seek further reasons. The court noted that the provided reasons, while not exhaustive, were sufficient to enable it to review the Panel's decision for errors of law.
The court further observed that the applicant's application was procedurally flawed, as it was made outside the timeframe prescribed by the Act and rules. The court concluded that the applicant was not entitled to apply for a further statement of reasons, and dismissed the application. The court emphasised that the provision of a voluntary, contemporaneous statement of reasons did not trigger the statutory requirement for a formal written statement upon request. The applicant's application for an order for further reasons was accordingly refused.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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