Sherlock v Lloyd

Case [2010] VSCA 122


SUPREME COURT OF VICTORIA

COURT OF APPEAL

S APCI 2008 3894

KAREN SHERLOCK Appellant
v
DR JOHN LLOYD & ORS Respondents

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JUDGES MAXWELL P, ASHLEY JA and BYRNE AJA
WHERE HELD MELBOURNE
DATE OF HEARING 17 November 2009
DATE OF JUDGMENT 28 May 2010
MEDIUM NEUTRAL CITATION [2010] VSCA 122        1ST Revision, 1 June 2010, (see fn 79)
JUDGMENT APPEALED FROM Sherlock v Lloyd [2008] VSC 450 (Kyrou J)

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ADMINISTRATIVE LAW – Judicial review – Medical panel – Panel provided opinion on medical questions referred by County Court – Statement of reasons requested – Reasons inadequate – Whether inadequacy of reasons constitutes error of law – Whether Panel’s function judicial or administrative – Whether statute enlarged principles of natural justice – Administrative Law Act 1978 (Vic) ss 3, 7, 8, 10; Accident Compensation Act 1985 (Vic) Part III, Division 3.

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APPEARANCES: Counsel

Solicitors

For the Appellant Mr M O’Loghlen QC
with Mr G Wicks
Slater & Gordon
For the First and Second Respondents

Mr D Masel

Monahan + Rowell

For the Third and Fourth Respondents

Mr M F Wheelahan SC
with Mr M F Fleming

Thomson Playford Cutlers

MAXWELL P
ASHLEY JA
BYRNE AJA:

  1. This appeal raises an important question about the nature and effect of the obligation imposed on a tribunal by s 8(1) of the Administrative Law Act 1978 (Vic) (the ‘ALA’) to give reasons for a decision. A related question concerns the proper characterisation of the function performed by a medical panel when giving an opinion upon medical questions referred to it under s 45(1) of the Accident Compensation Act 1985 (Vic) (the ‘ACA’).

  1. For reasons which follow, we respectfully agree with the trial judge that, where a medical panel is requested under s 8(1) of the ALA to provide a statement of reasons for its opinion, the provision of an inadequate statement of reasons is not, by itself, an error of law. The appeal must therefore be dismissed.

Background

  1. The background facts may be stated shortly. The appellant brought a claim in the County Court for compensation under the ACA. A judge of that court subsequently referred seven medical questions to a medical panel, pursuant to s 45(1) of the ACA. A panel was constituted, comprising the first and second respondents (the ‘Panel’), and in due course the Panel provided its opinion upon the referred questions.

  1. As a ‘person affected’ by the Panel’s decision, the appellant made a request of the Panel under s 8(1) of the ALA that it provide a statement of reasons for its opinion. Being dissatisfied with the reasons provided in response to that request, the appellant subsequently commenced a proceeding in this Court, under O 56 of the Supreme Court (General Civil Procedure) Rules 2005 (Vic), seeking judicial review of the Panel’s decision. The grounds relied upon were want of procedural fairness and inadequacy of reasons. It was not contended that such reasons as were provided disclosed any error of law. Kyrou J dismissed the application.

  1. The…

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Sherlock v Lloyd [2010] VSCA 122
Case
[2010] VSCA 122
Decision Date

CaseChat Overview and Summary

The case of Sherlock v Lloyd involved a dispute between the plaintiff, Sherlock, and the defendant, Lloyd, a member of a medical panel. The dispute arose from the medical panel's opinion on medical questions referred to them by the County Court, which the plaintiff found inadequate in terms of the reasons provided. The plaintiff sought judicial review of the panel's decision, arguing that the inadequacies in the reasons provided constituted an error of law. The central legal issues before the court were whether the inadequacy of the reasons constituted an error of law, whether the function of the panel was judicial or administrative, and whether the relevant statute had enlarged the principles of natural justice.

The court considered whether the panel's function was judicial or administrative, noting that the medical panel was established under statute and its role involved providing expert medical opinions. The court determined that the panel's function was primarily administrative, as it involved the application of expertise rather than the exercise of judicial power. The court also examined whether the statute had enlarged the principles of natural justice, finding that the statute did not explicitly require the panel to provide detailed reasons for its decisions. The court concluded that, given the administrative nature of the panel's function and the absence of statutory requirements for detailed reasons, the inadequacy of the reasons did not constitute an error of law warranting judicial review.

Based on its findings, the court dismissed the plaintiff's application for judicial review. The court held that the medical panel's function was administrative, and the statute did not impose a requirement for detailed reasons. Therefore, the inadequacy of the reasons provided by the panel did not amount to an error of law. The court did not order any specific relief, as the plaintiff's application was dismissed on the grounds that no error of law was found.

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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