KATELARIS v WALTON [1991] NSWCA 166

KATELARIS v WALTON

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MAHONEY JA 18 April 1991

[1991] NSWCA 166

Mahoney JA. On 15 March 1991 the Medical Tribunal of New South Wales ordered that Dr Andrew John Katelaris be suspended from practising medicine for a period of twelve months and directed that thereafter certain restrictions be placed upon him. On 5 April 1991 Dr Katelaris appealed to this Court against the orders which had been made.

On 5 April 1991 Dr Katelaris applied for an order that the orders of the Medical Tribunal be stayed 'pending the determination of the appeal'. That application came before me on 15 April 1991.

Dr Katelaris has deposed that he wishes 'to remain in practice pending the determination of the appeal'. The basis of his application is contained in two short paragraphs of his affidavit of 5 April 1991 which read:

3. Since the decision of the Medical Tribunal I have been unable to continue to be employed in myprevious positions as a medical practitioner with the Central Coast Area Health Service and Health Watch Asthma Clinic at Merrylands. It also prevents me from seeking other similar employment. This is causing me financial hardship.

4. My inability to practise medicine is also causing me professional embarrassment and a disruption to the progression of my medical career.

Dr Katelaris has not placed before the court any evidence to indicate that there is now any person who will offer employment to him. There is no indication whether the Central Coast Area Health Service or the Health Watch Asthma Clinic are, in the light of the orders made by the Medical Tribunal and the reasons given for those orders, willing to offer further employment to him. I note that, in the judgment of the Medical Tribunal, reference is made to 'a letter from the Director of the Woy Woy Emergency Medical Services': that letter, it is said, indicates, that there were 'no complaints regarding the respondent's conduct during his bi-weekend attendances and patients and staff have expressed compliments and also that the respondent is working towards the completion or his thesis for a Doctorate degree in Medicine as detailed previously'.