Pisano v South Metropolitan Health Service

This is an appeal against a decision of Master Sanderson that provided for the summary dismissal of the appellant's action for an alleged tort of misfeasance in public office. The action concerned the failure of the chief executive officer (CEO) of a private hospital operated by a proprietary limited company to recognise the appellant's status as a credentialed medical practitioner at the hospital. The master found that it was not arguable that the CEO held public office or was exercising a public power for the purpose of the tort of misfeasance in public office. On that basis the master was satisfied that the action could not succeed and should be dismissed with costs. The appellant appealed the master's decision, contending that the master erred in finding that the CEO was not a public officer and was not exercising a public power. The appeal failed. The master's findings were correct. On the facts as alleged by the appellant the CEO did not hold a public office, and was not exercising a public power, for the purpose of the tort of misfeasance in public office. The proposition that the CEO relevantly held such a public office and was exercising a public power is not reasonably arguable. The appeal must be dismissed.