YX v NSW Medical Board [2010] NSWADTAP 55

Appeal Panel - Internal

CITATION: YX v NSW Medical Board [2010] NSWADTAP 55

APPELLANT YX PARTIES: RESPONDENT NSW Medical Board

FILE NUMBER: 109011

HEARING DATES: 15 June 2010

SUBMISSIONS CLOSED: 15 June 2010

DATE OF DECISION: 16 August 2010

BEFORE: Hennessy N - Magistrate (Deputy President)

CATCHWORDS: COSTS – procedural fairness – findings not based on evidence – legality of discretion

DECISION UNDER APPEAL: YX v NSW Medical Board [2010] NSWADT 12

FILE NUMBER UNDER APPEAL: 093157

LEGISLATION CITED : Privacy and Personal Information Protection Act 1998 Administrative Decisions Tribunal Act 1997

Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 AT v Commissioner of Police [2010] NSWCA 131 CASES CITED: Lloyd v Veterinary Surgeons Investigating Committee [2005] NSWCA 456 World Best Holdings Ltd v Sarker & Anor [2004] NSWSC 935 Jones v Ekermawi [2009] NSWSC 143 K v K [2000] NSWSC 1052 Abdul-Karim v the Council of the New South Wales Bar Association [2005] NSWCA 93

APPELLANT In person REPRESENTATION: RESPONDENT J Lucy, solicitor

ORDERS: 1. Leave for the appeal to extend to the merits of the Tribunal's decision is refused 2. The appeal is dismissed.

REASONS FOR DECISION

Introduction

1 This is an appeal against a decision of the Tribunal ordering YX to pay the costs of the New South Wales Medical Board in relation to attendances at two planning meetings in 2009. YX is entitled to appeal on any question of law. He needs the Appeal Panel's permission for the appeal to be extended to the merits of the Tribunal's decision: Administrative Decisions Tribunal Act 1997 (ADT Act), s 113(2)).