GEOFFREY WALTER EDELSTEN v MEDICAL TRIBUNAL OF NEW SOUTH WALES [1993] NSWCA 88

GEOFFREY WALTER EDELSTEN v MEDICAL TRIBUNAL OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

Kirpy P, PRIESTLEY JA and MEAGHER JA 14 April 1993

[1993] NSWCA 88

Kirby P. We have had a message that the matter was not ready to proceed.

EDELSTEN: I have requested an adjournment for a number of reasons and filed an affidavit for the Court yesterday after giving notice by letter before the Easter break as to the reason why I required an adjournment.

KIRBY P: What is the ground of the application? As I understand it, it is that you have no longer the services of a solicitor who previously appeared for you, and you have some medical difficulties?

EDELSTEN: That is correct.

KIRBY P Why have you terminated the services of your solicitor?

EDELSTEN: I could no longer afford to pay their fees. Legal Aid has been refused.

KIRBY P: When were you informed that your application for Legal Aid had been refused?

EDELSTEN: I learnt about it approximately 10 days ago. I believe they refused the application about three weeks ago.

KIRBY P: Have you appealed that decision?

EDELSTEN: I asked my solicitor to do so but she told me that it was hopeless.

KIRBY P: Do you intend to appeal the decision, or not?

EDELSTEN: I do.

KIRBY P: There have been medical reports put before us. Perhaps they could be identified. We have a report of Dr Brazier dated 29 January 1992, a report of Dr Fabinyi of 3 March 1992, a report of a scan of 4 February 1992, a report of Dr Rogers of 22 May 1992, another report of Dr Fabinyi dated 31 January 1992, a report of Dr Tatoulis dated 9 December 1992, and a report of Dr Mon dated 9 December 1992. What is the effect of those reports? As I understand it, there are two conditions which are relevant. One is that you underwent a heart bypass operation last year?

EDELSTEN: I did, on 17 December.