Pridgeon v Medical Council of New South Wales [2022] NSWCA 60

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Pridgeon v Medical Council of New South Wales [2022] NSWCA 60 Hearing dates: 18 February 2022 Date of orders: 14 April 2022 Decision date: 14 April 2022 Before: Bell CJ White JA Harrison J Decision: (1) Extend the time for the applicant to file his notice of appeal and application for leave to appeal to 2 November 2021. (2) To the extent necessary, grant the applicant leave to appeal. (3) Allow the appeal. (4) Set aside the orders of the Civil and Administrative Tribunal of 30 June 2021. (5) Set aside the orders of the Medical Council of New South Wales of 29 October 2018 and 2 December 2020. (6) Order that the respondent pay the applicant's costs of proceedings in this court. Catchwords: ADMINISTRATIVE LAW — particular administrative bodies — NSW Civil and Administrative Tribunal – appeal against decision of Medical Council of NSW to suspend the registration of a medical practitioner – construction of s 150 of the Health Practitioner Regulation National Law (NSW) – where no complaint had been made about the practice of the medical practitioner – whether the circumstances were urgent enough to warrant the exercise of the emergency power contained in s 150 – whether suspension of registration was in the public interest Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Crimes Act 1914 (Cth), s 42 Criminal Code (Qld), ss 286, 359E(1), 363(1)(b) Criminal Code (Cth), s 400.4(1)(a) Family Law Act 1975 (Cth), s 70NAE Guardianship Act 1987 (NSW) Health Insurance Act 1973 (Cth) Health Practitioner Regulation National Law (NSW), ss 139B, 139C, 139D, 139E, 144, 144D, 145D, 148D(1), 150, 150A Interpretation Act 1987 (NSW), ss 34, 35 Mental Health Act 2007 (NSW) Private Health Facilities Act 2007 (NSW) Cases Cited: Australian Communications and Media Authority v Today FM (Sydney) Pty Ltd (2015) 255 CLR 352; [2015] HCA 7 Ghosh v Medical Council of New South Wales (2020) 102 NSWLR 303; [2020] NSWCA 122 In Re a Solicitor; ex parte the Incorporated Law Society (1889) 5 LT 486 Karimi v Medical Council of New South Wales [2017] NSWCATOD 180 McKinnon v Secretary, Department of Treasury (2005) 145 FCR 70; [2005] FCAFC 142 Pridgeon v Medical Council of New South Wales [2021] NSWCATOD 89 Steel v Medical Council of New South Wales [2020] NSWCATOD 77 Texts Cited: Health Practitioner Regulation Amendment Bill 2010 (NSW) Health Practitioner Regulation Amendment Bill 2010 (NSW), Second Reading Speech (Legislative Assembly), Ms Carmel Tebbutt, 20 May 2010 Category: Principal judgment Parties: William Russell Massingham Pridgeon (Appellant) Medical Council of New South Wales (Respondent) Representation: Counsel: A Rose (Respondent)