Veterinary Surgeons Investigating Committee v Temmingh [2004] NSWADT 186

CITATION: Veterinary Surgeons Investigating Committee v Temmingh [2004] NSWADT 186 DIVISION: General Division APPLICANT PARTIES: Veterinary Surgeons Investigating Committee RESPONDENT Sven Temmingh FILE NUMBER: 033341 HEARING DATES: 24/03/2004 & 28/06/2004 SUBMISSIONS CLOSED: 08/06/2004 DATE OF DECISION: 08/27/2004

BEFORE: Hennessy N - Magistrate (Deputy President); Crisp T - Non Judicial Member; Clark F - Non Judicial Member APPLICATION: Veterinary surgeon - conviction of an offence - Veterinary Surgeons Act - veterinary surgeon - conviction of an offence MATTER FOR DECISION: Principal matter Customs Act 1901 (Cth) LEGISLATION CITED : Legal Profession Act 1987 Stock Medicines Act 1989 Veterinary Surgeons Act 1986 Director General NSW Agriculture v Temmingh— BC200301726 Law Society of New South Wales v Walsh (unreported, Court of Appeal, 15/12/97) CASES CITED: Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 The Law Society of New South Wales v Bannister (1993) LPDR 24 di Suvero v New South Wales Bar Association [2001] NSWADT 37 Clyne v New South Wales Bar Association (1960) 104 CLR 186 APPLICANT M Wade, solicitor REPRESENTATION: RESPONDENT P Ash, solicitor M King, barrister ORDERS: 1. The Tribunal orders that the name of Sven Arne Temmingh be removed from the register of veterinary surgeons. He may not apply for restoration of his name to the register for at least 5 years from the date this order comes into effect pursuant to s 36(6) of the Veterinary Surgeons Act 1986; 2. Dr Temmingh is to pay the costs of the applicant in a sum to be agreed between the parties. Failing agreement costs to be paid will be assessed in accordance with the provisions of Division 6 of Part 11 of the Legal Profession Act 1987.