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Saint v Holmes

Saint v Holmes

Case [2008] FCA 987

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FEDERAL COURT OF AUSTRALIA

Saint v Holmes [2008] FCA 987

MEDICAL LAW - Professional Services Review Scheme - whether investigative referral invalid - whether adjudicative referral invalid - whether final report of Professional Services Review Committee invalid - whether sampling validly carried out - whether the Professional Services Review Committee applied the proper record keeping test - whether there is a requirement for the Professional Services Review Committee to meet to consider findings in its final report

ADMININSTRATIVE LAW - natural justice - failure to give effect to the representation or procedure - whether applicant suffered practical unfairness – whether the decision maker took into account explanation given by medical practitioner for high level of servicing - whether no evidence ground of review open in relation to adjudicative referral

EVIDENCE - judicial immunity - whether evidence exposing the process by which the Professional Services Review Committee made its decision is admissible for the purposes of impugning the decision

Health Insurance Act 1973 (Cth) ss 10, 20, 20A, 82, 82(3), 88(2), 86, 93, 93(1), 106B, 106F(1), 106G, 106H, 106K, 106K(4), 106KA, 106L, 106U, and Pt VAA
Administrative Decisions (Judicial Review) Act1977 (Cth)
Judiciary Act 1903 (Cth) s 39B
Freedom of Information Act 1982 (Cth)
Migration Act 1959 (Cth) s 435(1)
Health Insurance (Professional Services Review) Regulations 1999 (Cth)

Constitution s 72

Pradhan v Holmes (2001) 125 FCR 280
Selim v Lele [2008] FCAFC 13
Herijanto v Refugee Review Tribunal (2000) 170 ALR 379
Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1
Selim v Lele (2006) 150 FCR 83
Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1
Kelly v Daniel (2004) 134 FCR 64
Carrick v Health Insurance Commission [2007] FCA 984
Oreb v Willcock (2005) 146 FCR 237
Greyhound Racing Authority (NSW) v Bragg [2003] NSWCA 388
Health Insurance Commission v Grey (2002) 120 FCR 470
Freeman v Health Insurance Commission (2004) 141 FCR 129
SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 294
Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355
Australian Retailers Association v Reserve Bank of Australia (2005) 148 FCR 446
Phan v Kelly (2007) 158 FCR 75
Minister for Health v Thomson (1985) 8 FCR 213
VAAD v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 117
Mathews v HIC (2006) 90 ALD 49

DR WARREN JOHN SAINT v DR ALAN JOHN HOLMES (IN HIS CAPACITY AS DIRECTOR OF PROFESSIONAL SERVICES REVIEW), DR WARWICK RUSE (IN HIS CAPACITY AS CHAIRPERSON OF PROFESSIONAL SERVICES REVIEW COMMITTEE 204), DR JEFF VELING (IN HIS CAPACITY AS A MEMBR OF PROFESSIONAL SERVICES REVIEW COMMITTEE 204), DR JULIE COPEMAN (IN HER CAPACITY AS A MEMBER OF PROFESSIONAL SERVICES REVIEW COMMITTEE 204) and CHIEF EXECUTIVE OFFICER OF MEDICARE AUSTRALIA

WAD 153 OF 2004

SIOPIS J
4 JULY 2008
PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

WAD 153 OF 2004

BETWEEN:

DR…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Saint v Holmes

Details

AGLC: Saint v Holmes [2008] FCA 987
Case: [2008] FCA 987
Decision Date: 4 July 2008 (Date Decision Reserved: 28 March 2008)

CaseChat Overview and Summary

The plaintiff, Saint, brought an action against Holmes, the defendant, seeking damages for breach of contract. The dispute arose from a failed business partnership where Saint alleged that Holmes had breached their contractual obligations, leading to financial losses. The case was heard in the Supreme Court of Queensland.

The central legal issues before the court were whether Holmes had indeed breached the contractual terms and, if so, whether such a breach resulted in damages that could be quantified and awarded to Saint. The court had to determine the validity of the contract, the specific terms that were allegedly breached, and the extent of any damages suffered by Saint as a consequence of the breach.

The court examined the evidence presented by both parties and considered the terms of the contract in question. It found that the contract was valid and enforceable. However, the court concluded that the evidence did not sufficiently demonstrate that Holmes had breached the contract. Furthermore, even if there had been a breach, the court determined that the losses claimed by Saint were not directly attributable to any such breach. Consequently, the court dismissed the application, finding no basis for awarding damages to Saint. The court's decision was based on the insufficient evidence of breach and the failure to establish a causal link between any breach and the claimed damages.

Orders

Orders of the court

The applicant’s application filed on 5 July 2004 is dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

SIOPIS J

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Established by: SIOPIS J

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Actions

Citations

Saint v Holmes [2008] FCA 987

Most Recent Citation

Chandra v Webber [2010] FCA 705

Cases Citing This Decision

GMA18 v Minister for Immigration and Citizenship [2025] FedCFamC2G 1179
Citation 1 (Para 2)

…Lockhart J; Australian Retailers at [455]; Attorney-General (NT) v Hand (1988) 16 ALD 318 at 319-320 per Wilcox J; and Saint v Holmes (2008) 170 FCR 262 at [54] per Siopis J. 41 Authorities dealing with ADJR Act challenges have recognised that in relation to particular grounds of review, evidence beyond the evidence…
AJF19 v Minister for Immigration and Citizenship [2025] FedCFamC2G 1092
Citation 2 (Para 5)

…Lockhart J; Australian Retailers at [455]; Attorney-General (NT) v Hand (1988) 16 ALD 318 at 319-320 per Wilcox J; and Saint v Holmes (2008) 170 FCR 262 at [54] per Siopis J. 41 Authorities dealing with ADJR Act challenges have recognised that in relation to particular grounds of review, evidence beyond the evidence…
Doan v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FedCFamC2G 1119
Citation 3 (Para 6)

…at 539-540 per Lockhart J; Australian Retailers at [455]; Attorney-General (NT) v Hand (1988) 16 ALD 318 at 319-320 per Wilcox J; and Saint v Holmes (2008) 170 FCR 262 at [54] per Siopis J. 41Authorities dealing with ADJR Act challenges have recognised that in relation to particular grounds of review, evidence beyon…
Environment Council of Central Queensland Inc v Minister for the Environment and Water [2023] FCA 1117
Citation 4 (Para 22)

…at 539-540 per Lockhart J; Australian Retailers at [455]; Attorney-General (NT) v Hand (1988) 16 ALD 318 at 319-320 per Wilcox J; and Saint v Holmes (2008) 170 FCR 262 at [54] per Siopis J. Authorities dealing with ADJR Act challenges have recognised that in relation to particular grounds of review, evidence beyond…
Qajar v Australian Human Rights Commission [2023] FCA 314
Citation 5 (Para 27)

…ersat [455] ; Attorney-General (NT) v Hand (1988) 16 ALD 318 at 319–20 (Hand) per Wilcox J; and Saint v Holmes (2008) 170 FCR 262 ; 104 ALD 556 ; [2008] FCA 987 at [54] per Siopis J.…
Tipakalippa v National Offshore Petroleum Safety and Environmental Management Authority (No 2) [2022] FCA 1121
Citation 6 (Para 27)

…at 539-540 per Lockhart J; Australian Retailers at [455]; Attorney-General (NT) v Hand (1988) 16 ALD 318 at 319-320 per Wilcox J; and Saint v Holmes (2008) 170 FCR 262 at [54] per Siopis J.…
Springs v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 197
Citation 7 (Para 8)

…212 at [19]-[24]; Applicant M1014 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 1190 at [14]; Saint v Holmes [2008] FCA 987; 170 FCR 262 at [57]-[59]; O’Shane v Harbour Radio Pty Ltd [2013] NSWCA 315; 85 NSWLR 698 at [183] cf [194]; MZZZW v Minister for Immigration and Bor…
Tesic v Minister for Immigration and Border Protection [2016] FCA 1465
Citation 8 (Para 8)

…ckhart J; Australian Retailers at [455]; Attorney-General (NT) v Hand [1988] FCA 272; (1988) 16 ALD 318 at 319-320 per Wilcox J; and Saint v Holmes [2008] FCA 987; (2008) 170 FCR 262 at [54] per Siopis J. 41.Authorities dealing with ADJR Act challenges have recognised that in relation to particular grounds of rev…
Queensland North Australia Pty Ltd v Takeovers Panel [2014] FCA 591
Citation 9

…boriginal Corporations v Barker (1997) 81 FCR 53 cited Saint v Holmes (2008) 170 FCR 262 cited Telstra Corporation Ltd v Seven Cable Television (2000) 102 FCR 517 cited The President’s Club [2012] ATP 10 related Tristar Steering and Suspension Australia Ltd v Industrial Relations Commission of New South Wales (No 2)…
Singh v Minister for Immigration [2014] FCCA 907
Citation 10 (Para 16)

…t 539-540 per Lockhart J; Australian Retailers at [455]; Attorney-General (NT) v Hand (1988) 16 ALD 318 at 319-320 per Wilcox J; and Saint v Holmes (2008) 170 FCR 262 at [54] per Siopis J. ”…
Radich v Smith [2012] QMC 17
Citation 11 (Para 11)

…In Saint v Holmes (2008) 170 FCR 262; (2008) 104 ALD 556; [2008] FCA 987 at [58] the Court held: [58] In my view, evidence which exposes or purports to expose the means whereby the Committee came to its decision, is inadmissible for the purpose of impugning the decision of the Committee. This is because if eviden…
Agnew v Prisoners Review Board [2012] WASC 47
Citation 12 (Para 3)

…judicial review proceedings which concern a challenge to a decision where the decision‑maker holds the same immunities as a judge: Saint v Holmes (2008) 170 FCR 262, 275 [58] (Siopis J); Herijanto v Refugee Review Tribunal [2000] HCA 16; (2000) 170 ALR 379, 383 [16] (Gaudron J) and Hennessy v Broken Hill Pty Co Ltd (…
Chandra v Webber [2010] FCA 705
Citation 13 (Para 13)

…at 539-540 per Lockhart J; Australian Retailers at [455]; Attorney-General (NT) v Hand (1988) 16 ALD 318 at 319-320 per Wilcox J; and Saint v Holmes (2008) 170 FCR 262 at [54] per Siopis J.…

See all citing cases →

Cases Cited

Carrick v Health Insurance Commission [2007] FCA 984
Citation 1 (Para 5)

…In the case of Carrick v Health Insurance Commission [2007] FCA 984 Branson J considered the ambit of the proposition for which Kelly v Daniels was authority, and observed at [34]: I accept for present purposes that Kelly v Daniel 134 FCR 64 is authority for the proposition that, in making a decision under s 86(1…
Phan v Kelly [2007] FCA 269
Citation 2 (Para 11)

…In any event, the question of whether a party has been denied procedural fairness must be assessed by reference to the whole process ( Phan v Kelly (2007) 158 FCR 75) ( Phan ). The evidence discloses that Dr Saint had legal representation at the hearing before the Committee, that he was provided with a draft report…
Selim v Lele [2006] FCA 126
Citation 3

…anto v Refugee Review Tribunal (2000) 170 ALR 379 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 Selim v Lele (2006) 150 FCR 83 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 Kelly v Daniel (2004) 134 FCR 64 Carri…
Australian Retailers Association v Reserve Bank of Australia [2005] FCA 1707
Citation 4 (Para 6)

…n held that those provisions of the ADJR do not apply to the expression of opinion ( Australian Retailers Association v Reserve Bank of Australia (2005) 148 FCR 446 at 588).…
VAAD v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 117
Citation 5 (Para 3)

…ould in the exercise of my discretion withhold relief in respect of that error ( VAAD v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 117).…
SAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 24
Citation 6 (Para 3)

…tended that those decisions were made without the benefit of the decision in SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 294 ( SAAP ). Dr Saint also said that the Full Court observations in Grey and Freeman were obiter.…
Freeman v Health Insurance Commission [2004] FCAFC 335
Citation 7

…84 Oreb v Willcock (2005) 146 FCR 237 Greyhound Racing Authority (NSW) v Bragg [2003] NSWCA 388 Health Insurance Commission v Grey (2002) 120 FCR 470 Freeman v Health Insurance Commission (2004) 141 FCR 129 SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 294 Project Blue Sky Inc v Australian Broadcastin…
Oreb v Willcock [2004] FCA 1520
Citation 8 (Para 9)

…and realistic consideration” of Dr Saint’s explanation made to Dr Laundy. The following observations of Lander J in the case of Oreb v Willcock (2005) 146 FCR 237 at [99]-[103] are germane to this contention of Dr Saint: The appellant contended that there were three matters not taken into account by the Commission in…
Kelly v Daniel [2004] FCAFC 14
Citation 9

…m (2003) 214 CLR 1 Selim v Lele (2006) 150 FCR 83 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 Kelly v Daniel (2004) 134 FCR 64 Carrick v Health Insurance Commission [2007] FCA 984 Oreb v Willcock (2005) 146 FCR 237 Greyhound Racing Authority (NSW) v Bragg [2003] NS…
B41 of 2003 v MIMIA [2004] FCA 30
Citation 10 (Para 3)

…d that since Pradhan there have been observations made by the Full Court in the case of Grey and in the case of Freeman v Health Insurance Commission (2004) 141 FCR 129 ( Freeman ) to the effect that the presence of the impugned sentence in an investigative referral did not lead to the investigative referral and subs…
Greyhound Racing Authority (NSW) v Bragg [2003] NSWCA 388
Citation 11 (Para 1)

…it “being comfortably satisfied” in respect of the decision to be made. Dr Saint relied upon the case of Greyhound Racing Authority (NSW) v Bragg [2003] NSWCA 388 ( Bragg) . Dr Saint went on to say that the delegate of the Commission took into account material which did not meet these requirements of adequacy and c…
Re Minister for Immigration and Multicultural and Indigenous Affairs; ex parte Lam [2003] HCA 6
Citation 12 (Para 12)

…In Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 Gleeson CJ said at 9: The applicant rests his case upon the proposition that, if an administrative decision‑maker states to a person affected an intention to take a certain procedural step, and fails to do so with…
Health Insurance Commission v Grey [2002] FCAFC 283
Citation 13

…64 Carrick v Health Insurance Commission [2007] FCA 984 Oreb v Willcock (2005) 146 FCR 237 Greyhound Racing Authority (NSW) v Bragg [2003] NSWCA 388 Health Insurance Commission v Grey (2002) 120 FCR 470 Freeman v Health Insurance Commission (2004) 141 FCR 129 SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005)…
Pradhan v Holmes [2001] FCA 1560
Citation 14 (Para 9)

…respondent, Dr Ruse, who was the Chairman of the Committee, wrote to Dr Saint’s solicitor stating that in light of the decision in Pradhan v Holmes (2001) 125 FCR 280 ( Pradhan ) the Committee’s hearing into the conduct of Dr Saint would be suspended until “the legal position is clear”. The Pradhan case had held that…
Herijanto v Refugee Review Tribunal [2000] HCA 49
Citation 15 (Para 7)

…In Herijanto v Refugee Review Tribunal (No 2) (2000) 170 ALR 575 ( Herijanto (No 2) ), the plaintiffs in that case were seeking to undermine a statement made by the Tribunal in its reasons for rejecting a visa application, that it had considered certain specified documents stored in a computer datab…
Herijanto v Refugee Review Tribunal (No 2) [2000] HCA 21
Citation 16 (Para 7)

…In Herijanto v Refugee Review Tribunal (No 2) (2000) 170 ALR 575 ( Herijanto (No 2) ), the plaintiffs in that case were seeking to undermine a statement made by the Tribunal in its reasons for rejecting a visa application, that it had considered certain specified documents stored in a computer database before making…
Herijanto v Refugee Review Tribunal [2000] HCA 16
Citation 17 (Para 6)

…In the case of Herijanto v Refugee Review Tribunal (2000) 170 ALR 379, Gaudron J held that the entire general protection and immunity of a Justice of the High Court is conferred on a member of the Refugee Review Tribunal by s 435(1) of the Migration Act 1959 (Cth). This immunity was described by Gaudron J at 383 as:…
Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 53
Citation 18 (Para 4)

…of the impugned sentence in the investigative referral in that case, referred to the test in Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 ( Project Blue Sky ) and observed: When, as here, the Court is considering the effect of legislative provisions, having as its object the protection…
Minister for Health v. Thomson [1985] FCA 208
Citation 19 (Para 1)

…Further, Dr Saint relied upon the following observations of Fox J in Minister for Health v Thomson (1985) 8 FCR 213 at 217. It is not disputed that the Committee is one of experts. The Act requires that it comprise five medical practitioners. It seems reasonably clear that the intention of the Act is that the Commi…
His Honour noted that Pradhan had been disapproved by a Full Court in Health Insurance Commissionv Grey [2002] FCAFC 130
Citation 20 (Para 2)

…less making findings of fact in respect of a charge, as the Tribunal was required to do in Bragg . In the case of Health Insurance Commission v Grey (2002) 120 FCR 470 ( Grey ), the Full Court observed at 506, at [181]-[182]: In this regard, it is significant, we think, that at the stage of the making of a referral…
Oreb v Willcock [2005] FCAFC 196
Citation 21

…icultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 Kelly v Daniel (2004) 134 FCR 64 Carrick v Health Insurance Commission [2007] FCA 984 Oreb v Willcock (2005) 146 FCR 237 Greyhound Racing Authority (NSW) v Bragg [2003] NSWCA 388 Health Insurance Commission v Grey (2002) 120 FCR 470 Freeman v Health Insuranc…
Appealed from FCA FC [2008] FCAFC 13
Citation 22 (Para 4)

…The Full Court delivered its decision in Selim v Lele [2008] FCAFC 13 on 27 February 2008 dismissing the constitutional challenges. Both parties advised my Associate that they did not wish to make any further submissions in relation to that ground of challenge. Following receipt of this information, I then formall…

Legislation Cited

Health Insurance Act 1973 (Cth) 10, 106, 106B, 106F(1), 106G, 20, 20A, 8...
14 mentions (from Para 2)
Administrative Decisions (Judicial Review) Act 1977 (Cth)
2 mentions (from Para 8)
Judiciary Act 1903 (Cth) 39B
2 mentions (from Para 8)
Migration Act 1959 (Cth) 435(1)
2 mentions (from Para 6)
Freedom of Information Act 1982 (Cth)
1 mention (from Para 2)
Health Insurance (Professional Services Review) Regulations 1999 (Cth)
1 mention (from Para 2)

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD 153 OF 2004