BANNISTER v WALTON [1992] NSWCA 21

BANNISTER v WALTON

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, SHELLER and CRIPPS JJA 30 April 1992, 30 April 1992

[1992] NSWCA 21

APPEAL from Medical Tribunal of New South Wales — Order that name of medical practitioner be removed from register Application for stay of order — Application argued by reference to Tribunal's findings as to character.

Mahoney JA Dr John Herbert Bannister is a medical practitioner, an orthopaedicsurgeon. Six complaints of professional misconduct and inappropriate and unethical conduct were made against him by the opponent to the present proceedings, Merrilyn Walton.

Between 16 September 1991 and 13 March 1992 the Medical Tribunal heard all the complaints. On 28 April 1992 it gave judgment. It found against Dr Bannister on complaints 1, 2 and 6 and found for him on complaints 3, 4 and 5. It ordered that his name be removed from the Register of Medical Practitioners in New South Wales.

On 29 April 1992 Dr Bannister appealed to this Court against that decision in accordance with s32U(1) of the Medical Practitioners Act 1938. On that day he sought from this Court a stay of the Tribunal's order in accordance with s32U(2). It is this application which is now before the court.

Upon an application such as this it is not necessary to canvass in detail all of the facts before the Tribunal or its findings. They are matters which, in due course, will require consideration by the court on the hearing of this appeal.

Mr Walker, for Dr Bannister, and Mr Sexton, for Miss Walton, put submissions to the court comprehensively but briefly. As the matter is of some importance to Dr Bannister and no doubt to others I shall refer to the facts and the submissions made as far as it is necessary in my opinion to do so in order to indicate the conclusions at which I have arrived and my reasons for them.