SAVILLE v HEALTH CARE COMPLAINTS COMMISSION & ANOR [2006] NSWCA 298

New South Wales Court of Appeal

CITATION: SAVILLE v HEALTH CARE COMPLAINTS COMMISSION & ANOR [2006] NSWCA 298 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 26 October 2006

JUDGMENT DATE: 2 November 2006

JUDGMENT OF: Handley JA at 1; Tobias JA at 2; Basten JA at 4

DECISION: (1) Dismiss the appeal brought pursuant to s 90 of the Medical Practice Act as incompetent; (2) Dismiss the summons for relief under s 69 of the Supreme Court Act; (3) Order the Appellant/Claimant to pay the Respondents'/Opponents' costs of the proceedings in this Court, in the case of the Medical Tribunal, on a submitting basis only.

CATCHWORDS: MEDICAL PRACTITIONERS – appeal from orders of Medical Tribunal made on appeal from Professional Standards Committee – refusal to make orders by consent - JURISDICTION – whether a right of appeal exists pursuant to s 90 of the Medical Practice Act 1992 (NSW) from orders made by the Medical Tribunal on appeal from a Professional Standards Committee – whether relief should be sought by way of summons under s 69 of the Supreme Court Act 1970 (NSW) - ADMINISTRATIVE LAW – whether Tribunal prejudged the matter for decision resulting in a denial of procedural fairness – whether Tribunal took into account irrelevant considerations – whether Tribunal failed to take into account of relevant considerations – whether Tribunal failed to give adequate reasons

Health Care Complaints Act 1993 (NSW), ss 90B, 90C, 90D LEGISLATION CITED: Medical Practice Act 1992 (NSW), ss 51, 52, 61, 63, 64, 87, 90, 92, 93, 94, 94A, 165, 179 Migration Act 1958 (Cth), s 501G Supreme Court Act 1970 (NSW), s 69