In Re Mr John Bannister [2007] NSWMT 13

New South Wales Medical Tribunal

CITATION : In Re Mr John Bannister [2007] NSWMT 13 TRIBUNAL: Medical Tribunal PARTIES : Mr John Bannister NSW Medical Board FILE NUMBER(S) : 40009 of 2007 CORAM: Rein, SC DCJ - Glover, Prof W - - Glass, Assoc Prof A CATCHWORDS: Application to be restored to the register of medical practitioners following deregistration for fraud in 1992 (fourth such application since deregistration) - Whether practitioner has overcome defect in character that led to deregistration - Whether otherwise appropriate for practitioner to be restored to the register - Application for re-registration (by majority) refused LEGISLATION CITED: Medical Practice Act 1992 (NSW) Bannister v Walton (1993) 30NSWLR 699 ; Bannister v Walton (unreported, Court of Appeal, 1 April 1996); Zaidi [2006] NSWMT 6; Zaidi [1996] NSWMT; CASES CITED: Zaidi v Health Care Complaints Commission [1998] NSWSC 335 (17 July 1998); Briginshaw v Briginshaw (1938) 60 CLR; Refjik v McElroy (1965) 112 CLR 517 336; Ex parte Tziniolis Re The Medical Practitioners' Act (1966) 67 SR (NSW) 448; Dawson v Law Society of NSW NSWCA 21 December 1989 DATES OF HEARING: 26, 27 November 2007 DATE OF JUDGMENT: 19 December 2007 LEGAL REPRESENTATIVES: Mr Williams Q.C. (Mr Bannister) Mr Ginters (Medical Board) ORDERS: 1. Mr Bannister's application for re-registration is dismissed (by majority).; 2. Mr Bannister is to pay the costs of the NSW Medical Board of these proceedings.