Recent Cases

Mohareb v Health Care Complaints Commission [2024] NSWCA 79 (11 April 2024) (Kirk JA and Griffiths AJA)


By consent, the Court makes the following orders:

1. Set aside the orders (1) and (2) made by Justice Weinstein on 16 October 2023 in the proceedings below.

2. Declare that the review decision made by the Respondent on 25 November 2022 is invalid on the basis that the decision lacked a rational foundation in that it misunderstood the nature and function of the NSW Health Liability Panel, as being a body before which “formal proceedings” were underway at the time of the decision.

3. Order that…