Recent Cases

Pathmanathan v St John of God Healthcare Inc [2025] FCAFC 61 (01 May 2025) (Button, Dowling and Younan JJ)


Catchwords:


CONTRACTS – where appellant’s accreditation was suspended at the respondent’s hospital – whether suspension decision was in breach of alleged contract between appellant and respondent – where finding of breach of contract not supported by the primary judge’s factual findings – where Notice of Appeal did not challenge primary judge’s factual findings – appeal dismissed

PRACTICE AND PROCEDURE – application for adjournment of appeal hearing and leave to amend Notice of Appeal – where adjournment would cause prejudice to respondent – where application made too late and without acceptable explanation for delay – where adjournment to accommodate amended Notice of Appeal would be wasteful of the Court’s resources – application for leave to adduce new evidence on appeal – where new documents have no bearing on the issues arising on the Notice of Appeal – application dismissed