Mickovski v Financial Ombudsman Service

In Mickovski v Financial Ombudsman Service, the applicant sought judicial review of a decision made by the respondent, the Financial Ombudsman Service. The applicant had made a complaint to the respondent about the conduct of a financial institution. The respondent's decision was to dismiss the complaint, finding that it was not within their jurisdiction. The matter was heard in the Supreme Court of Victoria. The applicant argued that the respondent's decision was unlawful and sought an order for the decision to be quashed, and for the complaint to be remitted to the respondent for reconsideration.

The legal issues before the court were whether the decision of the respondent was amenable to judicial review and whether the principle established in Datafin v Panel on Takeovers and Mergers could be applied in Victoria. The court found that the decision was amenable to judicial review as it was a decision made under a statutory power and affected legal rights and obligations. The court also found that the Datafin principle was applicable in Victoria, and that a contract was formed between the applicant and the respondent by the making of the complaint. The court held that the respondent had breached the contract by dismissing the complaint without considering the merits, and that the tribunal had jurisdiction to deal with the complaint.

The court quashed the decision of the respondent and remitted the complaint to the respondent for reconsideration. The court held that the respondent was required to consider the merits of the complaint, and that the applicant was entitled to be heard before a final decision was made. The court also noted that the principle established in Datafin was an important safeguard against the abuse of administrative power, and that it was necessary to ensure that administrative decisions were made fairly and in accordance with the law. The decision of the court was a significant victory for the applicant, who had been denied a fair hearing by the respondent. The court's decision also clarified the law in Victoria regarding the applicability of the Datafin principle and the jurisdiction of tribunals to deal with complaints.