MANNING v THE DISTRICT COURT OF NEW SOUTH WALES and ANOR [1992] NSWCA 145

MANNING v THE DISTRICT COURT OF NEW SOUTH WALES and ANOR

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KirBY P, MAHONEY JA and Hope AJA 3 August 1992, 22 October 1992

[1992] NSWCA 145

PREROGATIVE RELIEF — certiorari — error of law on face of record — discipline of chiropodists — registered chiropodist engages unregistered chiropodist in his practice — Chiropodists' Registration Board finds him guilty of misconduct in his practice as a chiropodist which renders him unfit in the public interest to practise chiropody within Chiropodists Registration Act 1962, s26(1)(d) — on appeal to District Court (Dent DCJ) finding of such misconduct quashed — judge holds that "misconduct" referred to is of an aggravated kind — on summons for judicial review — held: (Kirby P; (Mahoney JA and Hope A-JA concurring)) (1) In the context of the Act, the "misconduct" required to warrant discipline was of an aggravated kind viz such as to render the practitioner unfit in the public interest to practise chiropody; (2) Properly interpreted, the judge dealt with the matter on the basis of all of the evidence before him; (3) Upon that basis, there was evidence upon which he could properly conclude that the misconduct shown was not of the aggravated kind contemplated by the Act. Consideration of the merits was for him; (4) Accordingly, relief in the nature of certiorari refused.

Rex v Northumberland Compensation Appeal Tribunal; Ex parte Shaw [1952] 1 KB 338 (CA) referred to.

INFERIOR COURTS and TRIBUNALS - Chiropodists Registration Board - appeal to District Court - appeal by rehearing - misconduct - meaning of - whether aggravated form of misconduct required to warrant discipline - held: It is. WORDS and PHRASES - "misconduct which renders him unfit in the public interest to practice chiropody".

Chiropodists Registration Act 1962, s2, s3, s20, s21, s26, s28, s31, and s33. Podiatrists Act 1989, s3, s13, and s14.