Gorman v Health Care Complaints Commission & Anor [2002] NSWCA 396

New South Wales Court of Appeal

CITATION : Gorman v Health Care Complaints Commission & Anor [2002] NSWCA 396 FILE NUMBER(S) : CA 40377/02 HEARING DATE(S) : 8 November 2002 JUDGMENT DATE : 10 December 2002

Dr Richard Gorman PARTIES : Health Care Complaints Commission Medical Tribunal of New South Wales JUDGMENT OF : Heydon JA at 1; Hodgson JA at 2; Sperling J at 7

LOWER COURT JURISDICTION : Medical Tribunal LOWER COURT FILE NUMBER(S) : LOWER COURT Patten DCJ, Dr Donald Grimes, Dr Roy Taylor, Mrs Joan Ellard JUDICIAL OFFICER :

COUNSEL : The Appellant in person Mr T Golding for the Respondents SOLICITORS : The Appellant in person Health Care Complaints Commission for the Respondents CATCHWORDS : Medical practitioners - appeal from the Medical Tribunal - no question of principle LEGISLATION CITED : Medical Practice Act 1992, s36, s61, s90, s91, s92, s93, s94, s94A, s99, s14, s148, s154, s161, s165 DECISION : 1. Appeal allowed in part; 2. Appeal against the conditions imposed on 15 February 2002 on the appellant's right to practise medicine upheld; 3. The order of the Tribunal made on 15 February 2002 imposing conditions on the appellant's right to practise medicine set aside; 4. Appeal otherwise dismissed; 5. Subject to orders 7 and 8 following, the Tribunal's order for costs set aside and the following order substituted: that the appellant pay one quarter of the complainant's costs; 6. Subject to orders 7 and 8 following, no order as to the costs of the appeal; 7. Liberty to apply by written submission for reconsideration of orders 5 and 6 above within two weeks from the present date; 8. In the event of any written submission being made pursuant to order 7 above, the opposite party to have liberty to make any written submission in reply within two weeks thereafter.