Daskalopoulos v. Health Care Complaints Commission [2002] NSWCA 200

New South Wales Court of Appeal

CITATION : Daskalopoulos v. Health Care Complaints Commission [2002] NSWCA 200 FILE NUMBER(S) : CA 40702/01 HEARING DATE(S) : 18 June 2002 JUDGMENT DATE : 2 July 2002

PARTIES : George Daskalopoulos - appellant Health Care Complaints Commission - respondent JUDGMENT OF : Meagher JA at 1; Stein JA at 2; Hodgson JA at 3

LOWER COURT JURISDICTION : Medical Tribunal of NSW LOWER COURT 40026/99 FILE NUMBER(S) : LOWER COURT Sidis DCJ JUDICIAL OFFICER :

COUNSEL : Mr. P. Deakin QC with Mr. E. Pike for appellant Mr. P. Johnson SC for respondent SOLICITORS : David Ian Brown, Sydney for appellant Solicitor for Health Care Complaints Commission, Surry Hills for respondent CATCHWORDS : MEDICAL PRACTITIONERS - Medical Tribunal - Appeal - Finding of unsatisfactory professional conduct - Whether error of law - Whether appellant afforded procedural fairness - Whether error of judgment constituted unsatisfactory professional conduct. LEGISLATION CITED : Medical Practice Act 1992 ss.36, 37, 43, 90 Elliott v. Bickerstaff (2000) 48 NSWLR 214 CASES CITED: Gad v. Health Care Complaints Commission [2002] NSWCA 111 Sabag v. Health Care Complaints Commission [2001] NSWCA 411 DECISION : 1. Appeal upheld. 2. Findings of the Tribunal set aside, and in lieu thereof complaint dismissed. 3. Respondent to pay appellant's costs of the hearing and of the appeal, and to have a suitors' fund certificate if otherwise entitled, unless the respondent seeks a different order as to costs by written submissions provided within 7 days, in which case the appellant may respond by written submissions within a further 7 days.