Medical Council of New South Wales v Mooney [2024] NSWCA 180

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Medical Council of New South Wales v Mooney [2024] NSWCA 180 Hearing dates: 28 June 2024 Decision date: 30 July 2024 Before: Leeming JA at [1]; Kirk JA at [141]; Price AJA [142] Decision: 1. To the extent necessary, grant leave to appeal in respect of grounds 1, 2, 3, 4 and 6 of the further amended notice of appeal, and refuse leave in respect of ground 5 except insofar as it raises a question of law. 2. Appeal dismissed, with costs. 3. Note that the effect of orders 1 and 2 is to discharge the stay extended by this Court on 28 June 2024, such that the remaining matters in the application before NCAT can now be determined. Catchwords: PROFESSIONS AND TRADES – medical practitioners – application for reinstatement – deregistered medical practitioner applied for reinstatement order – NCAT made order – Medical Council appealed, purportedly as of right – appeal as of right confined to questions of law – notice of appeal failed to identify any questions of law – belated application for leave to appeal on other grounds – whether error of law in NCAT's decision – whether any other error disclosed – appeal dismissed Legislation Cited: Australian Consumer Law, s 18 Civil and Administrative Tribunal Act 2013 (NSW), s 4, cl 29 of Sch 5 Health Practitioner Regulation (Adoption of National Law) Act 2009 (NSW) Health Practitioner Regulation National Law (NSW), ss 3B, 55, 149E, 163, 163A, 163B, 163C, Div 8 of Pt 8 Supreme Court Act 1970 (NSW), s 48 Uniform Civil Procedure Rules 2005 (NSW), r 51.18 Cases Cited: Callan v Medical Board of Australia [2024] NSWSC 336 Ferella v Chief Commissioner of State Revenue [2014] NSWCA 378 Fisher v Nonconformist Pty Ltd [2024] NSWCA 32 Health Care Complaints Commission v Mooney [2021] NSWCATOD 206 Health Care Complaints Commission v Mooney [2022] NSWCATOD 44 Health Care Complaints Commission v Robinson [2022] NSWCA 164 Hornsby Building Information Centre Pty Ltd v Sydney Building Information Centre Ltd (1978) 140 CLR 216; [1978] HCA 11 Jan v Health Care Complaints Commission [2021] NSWSC 350 Kudrynski v Orange City Council [2024] NSWCA 33 Minister for Aboriginal Affairs v Peko-Wallsend Pty Ltd (1986) 162 CLR 24; [1986] HCA 40 Mooney v Medical Council of NSW [2024] NSWCATOD 24 Osland v Secretary to the Department of Justice (No 2) (2010) 241 CLR 320; [2010] HCA 24 Qasim v Medical Council of New South Wales [2021] NSWCA 173 Reimers v Medical Board of Australia [2024] NSWCA 164 Schwartz Family Co Pty Ltd v Capitol Carpets Pty Ltd [2017] NSWCA 223 Stoltenberg v Bolton; Loder v Bolton [2020] NSWCA 45; 380 ALR 145 Thomas and Naaz Pty Ltd v Chief Commissioner of State Revenue [2023] NSWCA 40 Trinh v Medical Council of New South Wales [2024] NSWCA 58 Watson v Foxman (1995) 49 NSWLR 315 Category: Principal judgment Parties: Medical Council of New South Wales (Appellant) William Mooney (Respondent) Representation: Counsel: K Richardson SC and I Fraser (Appellant) M Hutchings and C Coventry (Respondent)