Yovichevich v The Royal Australian and New Zealand College of Radiologists

The plaintiff, Yovichevich, sought damages from the defendant, the Royal Australian and New Zealand College of Radiologists, for breach of duty in relation to the conduct of examinations and the review of those examinations. Yovichevich claimed loss of income as a result of this alleged breach. The case was heard in the Federal Court of Australia. The central issue before the court was whether the plaintiff, who was neither a registered practitioner nor a fellow of the College, had a viable cause of action for breach of duty against the College.

The court considered the nature of the relationship between the College and the plaintiff, determining that the College's duties were owed to its members and fellows, rather than to the broader community. The plaintiff, not being a member or fellow, did not fall within the scope of the College's duty. Additionally, the court held that the plaintiff had not demonstrated a reasonable cause of action based on the breach of duty in the conduct of examinations and the review process. Consequently, the court found that the plaintiff's claim for loss of income was not viable.

In light of these findings, the court dismissed the plaintiff's claim, concluding that no reasonable cause of action had been disclosed. The court's reasoning was grounded in the established relationship between the College and its members, and the absence of a duty owed to the plaintiff as a non-member and non-fellow. The court ordered that the plaintiff's claim be dismissed with no orders as to costs.