SUPREME COURT OF QUEENSLAND
CITATION:
Walters v Drummond & Ors [2019] QSC 97
PARTIES:
DARREN LESTER WALTERS
(applicant)
v
SHAUN DRUMMOND, HEALTH SERVICE CHIEF EXECUTIVE PURSUANT TO THE HOSPITAL & HEALTH BOARDS ACT 2011 (QLD)(first respondent)
and
METRO NORTH HOSPITAL & HEALTH SERVICE
(second respondent)
and
ANDREW HOWARD, INVESTIGATOR PURSUANT TO S.190 OF THE HOSPITAL & HEALTH BOARDS ACT 2011 (QLD)
(third respondent)
and
ADAM FAIRHURST, INVESTIGATOR PURSUANT TO S.190 OF THE HOSPITAL & HEALTH BAORDS ACT 2011 (QLD)
(fourth respondent)
and
MARITA CORBETT, INVESTIGATOR PURSUANT TO S.190 OF THE HOSPITAL & HEALTH BAORDS ACT 2011 (QLD)
(fifth respondent)FILE NO:
14221 of 2018
DIVISION:
Trial Division
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court of Queensland at Brisbane
DELIVERED ON:
12 April 2019
DELIVERED AT:
Brisbane
HEARING DATE:
27 March 2019
JUDGE:
Applegarth J
ORDER:
1. The time for filing the application for a statutory order for review be extended to 21 December 2018.
2. The applications filed on 11 March 2019 pursuant to s 48 of the Judicial Review Act 1991 to dismiss the proceeding be dismissed.
3. The respondents pay the applicant’s costs of and incidental to the applications filed 11 March 2019 to be assessed on the standard basis.
CATCHWORDS:
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – DECISIONS TO WHICH JUDICIAL REVIEW LEGISLATION APPLIES – MEANING OF DECISION – REPORTS AND RECOMMENDATIONS – where the applicant was the subject of an investigation under the Hospital and Health Boards Act 2011 (Qld) – where adverse findings were made against the applicant in the investigation report – where the applicant argues that the report was an essential precondition to the first respondent taking action against him – whether the report constitutes a decision under an enactment for the purposes of the Judicial Review Act 1991 (Qld)
Hospital & Health Boards Act 2011 (Qld) s 199(1), s 199(8)
Judicial Review Act 1991 (Qld) s 4, s 6, s 26(1)(b), s 48, pt 3, pt 5
Public Service Act 2008 (Qld) s 187(1), s 189(1)
Uniform Civil Procedure Rules 1999 (Qld) r 577Ainsworth v Criminal Justice Commission (1992) 175 CLR 564; [1992] HCA 10, cited
Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321; [1990] HCA 33, cited
BHP Coal Pty Ltd v Treasurer and Minister for Trade and Investment [2017] QSC 326, cited
Dunstan v Orr (2008) 217 FCR 559; [2008] FCA 31, considered
Edelsten v Health Insurance Commission (1990) 27 FCR 56, citedGriffith University v Tang (2005) 221 CLR 99; [2005] HCA 7, cited
Hoffman v Queensland Local Government Superannuation Board [1994] 1 Qd R 369, cited
Kuku Djungan Aboriginal Corporation v Christensen [1993] 2 Qd R 663, cited
Vega Vega v Hoyle & Ors [2015] QSC 111, considered
COUNSEL:
J E Murdoch QC and S T Farrell for the applicant
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- AGLC
- Walters v Drummond [2019] QSC 97
- Case
- [2019] QSC 97
- Decision Date
CaseChat Overview and Summary
The court dismissed the respondents' applications to have the proceeding dismissed and ordered that the time for filing the application for a statutory order for review be extended to 21 December 2018. The court also ordered that the respondents pay the applicant's costs of and incidental to the applications filed on 11 March 2019 to be assessed on the standard basis.
Orders
Orders of the court
1. The time for filing the application for a statutory order for review be extended to 21 December 2018.
2. The applications filed on 11 March 2019 pursuant to s 48 of the Judicial Review Act 1991 to dismiss the proceeding be dismissed.
3. The respondents pay the applicant’s costs of and incidental to the applications filed 11 March 2019 to be assessed on the standard basis.
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
Full text does not contain this section.