Katelaris v Medical Board of NSW [2009] NSWMT 6

New South Wales Medical Tribunal

CITATION : Katelaris v Medical Board of NSW [2009] NSWMT 6 TRIBUNAL: Medical Tribunal PARTIES : Dr Andrew Katelaris Medical Board of New South Wales FILE NUMBER(S) : 40023 of 2008 CORAM: Ainslie-Wallace, DCJ - Rotenko, Dr I - Diamond, Dr M - Deveson, AO Ms A CATCHWORDS: Review of order removing name from Register - Applicant bears the onus to prove fitness LEGISLATION CITED: Medical Practice Act 1992 Exparte TZINOLIS: re the Medical Practitioners Act (1966) 67 SR 448; Zaidi v Health Care complaints Commission [2006] NSWMT 6; CASES CITED: Zaidi v Health Care complaints Commission [1996] NSWMT; Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630; Prothonotary of the Supreme Court of NSW v Katelaris (No 2) [2008] NSWSC 702 DATES OF HEARING: 24.8.2009, 25.8.2009, 26.8.2009. DATE OF JUDGMENT: 16 October 2009 LEGAL REPRESENTATIVES: Applicant appeared in person G Furness of Counsel for the respondent ORDERS: 1 Application dismissed.; 2 Applicant to pay the respondent's costs of the application.

JUDGMENT: THE MEDICAL TRIBUNAL OF NEW SOUTH WALES AT SYDNEY

No. 40023 of 2008

BETWEEN

Dr Andrew Katelaris Applicant Medical Board of NSW Respondent

Deputy Chair: Judge A M Ainslie-Wallace Members: Dr Irene Rotenko Dr Michael Diamond Ms Anne Deveson AO

Reasons for determination

1 The applicant seeks to review an order that his name be removed from the register of Medical Practitioners.

2 On 15 December 2005 after hearing and determining a number of complaints brought by the Health Care Complaints Commission against the applicant, a Medical Tribunal ordered that the respondent's name be removed from the register of practitioners and that he not apply for re-registration for a period of three years. For the purposes of these reasons, this will be referred to as the 2005 Medical Tribunal.