AAVELAID v WALTON [1992] NSWCA 2

AAVELAID v WALTON

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY, CLARKE and HANDLEY JJA 10 February 1992, 13 August 1992

[1992] NSWCA 2

APPEAL — purported appeal from District Court under Dentists Act 1934 — no appeal under that Act — late taking of competency point by respondent — no costs allowed for period to taking of point.

SUMMONS UNDER s69 SUPREME COURT ACT — dentist whose removal from register confirmed by District Court on appeal from Dental Board asserts errors of law on face of District Court record — held, grounds relied on all related to matters of fact evidence on record supports all judge's factual findings and legal conclusion of misconduct in a professional respect — no error of law shown.

Priestley JA By a document dated 20 May 1988, Merrilyn Walton, a public servantemployed by the Department of Health, complained that Dr Urmas Aavelaid, a person registered under the Dentists Act 1934, had been guilty of misconduct in a professional respect within the meaning of s8(1) of that Act. Particulars of the alleged misconduct were given in four numbered paragraphs.

The complaint was duly heard by the Dental Board, in two stages. The first two paragraphs of the complaint were dealt with in October 1988. They were found proved and in November 1988 the Board ordered Dr Aavelaid's name to be suspended from the Register for a period of two years commencing 23 December 1988.

Para3 and 4 were dealt with in February 1989, and found proved. In March 1989, the Board ordered Dr Aavelaid's name to be removed from the Register as from 31 March 1989.

By s8B of the Act, Dr Aavelaid had a right of appeal to the District Court against the Board 's "adjudgments'". The appeal was in the nature of a rehearing (s8B (2)), and the decision of the District Court was final (s8B(5)).