FEDERAL COURT OF AUSTRALIA
Pathmanathan v Healthscope Operations Pty Ltd [2020] FCA 65
File number: VID 133 of 2018 Judge: STEWARD J Date of judgment: 6 February 2020 Catchwords: PRACTICE AND PROCEDURE – application for summary judgment – application for summary dismissal – where applicant accredited at a hospital owned and operated by the respondent – where hospital terminated the applicant’s accreditation – unlawful discrimination – where applicant alleged discrimination on the basis of race, sex, age and imputed disability – where complaint to the Australian Human Rights Commission terminated on the basis that there was “no reasonable prospect of the matter being settled by conciliation” – where applicant alleged breach of contract – whether a contract existed between the applicant and respondent – whether the respondent breached the terms of alleged contract – whether the respondent failed to afford procedural fairness – where applicant alleged breach of confidence – where applicant alleged breach of the Privacy Act 1988 (Cth.) – where applicant alleged invasion of privacy – where applicant alleged respondent is liable for defamation – where applicant alleged respondent is liable for negligence – whether the respondent has no reasonable prospect of successfully defending the proceeding – whether the applicant has no reasonable prospect of successfully prosecuting the proceeding Legislation: Age Discrimination Act 2004 (Cth.)
Australian Human Rights Commission Act 1986 (Cth.) ss. 11, 46PO
Disability Discrimination Act 1992 (Cth.)
Federal Court of Australia Act 1976 (Cth.) s. 31A
Privacy Act 1988 (Cth.)
Racial Discrimination Act 1975 (Cth.)
Sex Discrimination Act 1984 (Cth.)
Federal Court Rules 2011 (Cth.) rr. 16.21, 26.01
Limitation Act 2005 (W.A.)
Limitation of Actions Act 1958 (Vic.)
Cases cited: Australian Securities and Investments Commission v. Cassimatis (2013) 220 FCR 256
Crayford Freight Services Ltd v. Coral Seatel Navigation Co (1998) 82 FCR 328
Crowe v. Mercy Health and Aged Care Central Queensland Ltd [2001] QSC 384
Fortron Automotive Treatments Pty Ltd v. Jones (No 2) [2006] FCA 1401
Grosse v. Purvis [2003] QDC 151
Jefferson Ford Pty Ltd v. Ford Motor Company of Australia Ltd (2008) 167 FCR 372
Page v. Healthscope Operations Pty Ltd [2016] NSWSC 1608
Pathmanathan v. St John of God Healthcare Inc [2019] FCA 1460
Pisano v. Health Solutions (WA) Pty Ltd [2014] WASC 356
Spencer v. Commonwealth (2010) 241 CLR 118
Date of hearing: Determined on the papers Date of last submissions: 6 September 2019 Registry: Victoria Division: General Division National Practice Area: Administrative and Constitutional Law and Human Rights Category: Catchwords Number of paragraphs: 121 Counsel for the Applicant: The applicant filed written submissions on her own behalf Counsel for the Respondent: Ms. N. Hickey Solicitor for the Respondent: MinterEllison ORDERS
VID 133 of 2018 BETWEEN: DR AJINTHA PATHMANATHAN
Applicant
AND: HEALTHSCOPE OPERATIONS PTY LTD
Respondent
JUDGE:
Continue reading Pathmanathan v Healthscope Operations Pty Ltd
Sign in free to access the full text
- AGLC
- Pathmanathan v Healthscope Operations Pty Ltd [2020] FCA 65
- Case
- [2020] FCA 65
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
1. Pursuant to s. 31A of the Federal Court of Australia Act 1976 (Cth.) and r. 26.01 of the Federal Court Rules 2011 (Cth.), the proceeding be dismissed.
2. The applicant’s interlocutory application dated 6 October 2018 be dismissed.
3. The applicant’s application for an extension of time to file a defamation claim be dismissed.
4. The name of the respondent be amended to “Healthscope Operations Pty Ltd”.
5. Order 2 of the orders made on 8 March 2019 be vacated.
6. The parties are to confer on the issue of costs and within 14 days they are to file agreed orders or, if no agreement is reached, submissions of no more than two pages in length.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Later that evening, the Doctor sent an email to Ms Phelan and Dr McGrath which relevantly provided:As you may be aware [the Agency] had removed my suspension a while back however have been reviewing/investigating my practice since with reference to [the Event].We have come to the final stages of this process with them and they will be making a decision today. I believe they will advise me of the outcome within the next two weeks. The Mount Hospital has also been listed as a practice location and as such they may be in touch directly with yourselves. In any case I will advise you of the outcome as soon as I hear. There will be at the very least some undertakings which I have voluntarily offered for a period of time. Further conditions on the Doctor’s registration On 18 August 2015, the Doctor was informed that the Board had imposed further conditions on her registration. Those conditions were published online by the Agency on the National Register of Health Practitioners as follows: Effective 11 August 2015, this registration is subject to conditions that relate to personal health. Further details are not publicly available due to privacy considerations.Effective 11 August 2015, this registration is subject to the following conditions:1.The Practitioner must nominate a registered medical practitioner to act as her supervisor, for approval by the Board, who must be senior to her by position or years of experience (Supervisor).2.The Practitioner must only practise as a medical practitioner under indirect supervision by the Supervisor. For the purposes of this condition, indirect supervision is defined as being primarily in person and, in circumstances where the Supervisor is not physically present, they must always be contactable by telephone.… (the “August Conditions”)The Doctor’s registration details (including the August Conditions) were downloaded, printed and placed on Mount Hospital’s accreditation file relating to the Doctor. On 20 August 2015, Ms Phelan sent an email to Mr Richard Townsend, the perioperative services manager at Mount Hospital, which stated:Due to recent conditions imposed on [the Doctor’s] medical board registration, she can no longer anaesthetise at the Mount Hospital.Can you please communicate this with your theatre managers so they are aware. The Doctor contends that on the same day, during a telephone call, Ms Phelan suspended her accreditation at Mount Hospital immediately without any discussion. Healthscope does not concede that the Doctor’s accreditation was suspended on this date. On or around 1 September 2015, Ms Phelan forwarded to Dr Coglin, the Chief Medical Officer of Mount Hospital, email correspondence from the Doctor concerning the removal of the condition imposed on 19 December 2014. In response, Dr Coglin wrote:None of this gives me any idea of the reasons why [the Agency] imposed conditions on 11 August 2015. We need to ask her. Ms Phelan responded:Good point. I will formally ask her via letter.