ROHATGI v MEDICAL TRIBUNAL OF NEW SOUTH WALES and ANOR [1994] NSWCA 270

ROHATGI v MEDICAL TRIBUNAL OF NEW SOUTH WALES and ANOR

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY AP, MEAGHER and POWELL JJA 1 March 1994, 20 April 1994

[1994] NSWCA 270

APPLICATION FOR PREROGATIVE RELIEF AGAINST MEDICAL TRIBUNAL — Order made for removal of doctor's name from register of Medical Practitioners — Appeal to Supreme Court not proceeded with, dismissed by consent — Doctor charged with offences arising from misconduct alleged — Found not guilty of some charges; jury disagreed on others, not pursued further.

Application by doctor to Medical Tribunal for review under s32V of Medical Practitioners Act 1938 - Medical Tribunal held self bound by findings made on original hearing - Application for review refused. Application for certiorari against original decision, on ground that evidence not support findings - Refused. Application to review. appeal against original decision - Reinstatement of appeal refused, no grounds in facts. Application for mandamus to Medical Tribunal to hear Review Application - Held: Medical Tribunal could re examine some aspects of original decision - Constructive failure to review - Mandamus should go.

ORDER

1. Short Minutes to be prepared, filed and served within twenty one days of today.

2. Claimant to have costs of proceedings in this Court to date. Further order as to costs to be made by Court considering orders to be made.

Mahoney AP In 1987 it was alleged against Dr Mahendra Singh Rohatgi that he had, in relation to a number of his surgical patients, acted in a way which, if true, involved gross professional misconduct. On 29 September 1988 the Medical Tribunal of New South Wales found the allegations to be true and ordered that his name be removed from the Register of Medical Practitioners: - Medical Practitioners Act 1938, s32R. He appealed to this Court against the Tribunal's order. On 7 August 1989, by consent, the appeal was dismissed.