NSW Caselaw
New South Wales Court of Appeal
CITATION: PRAKASH v HEALTH CARE COMPLAINTS COMMISSION [2006] NSWCA 153 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 26 April 2006
JUDGMENT DATE: 16 June 2006
JUDGMENT OF: Santow JA at 1; Tobias JA at 79; Basten JA at 80
DECISION: Appeal dismissed with costs.
CATCHWORDS: MEDICINE – Medical Practitioners – Challenge to order made pursuant to s64(1) of the Medical Practice Act 1992 ("the Act") for removal of appellant's name from Register of Medical Practitioners – "unsatisfactory professional conduct" and "professional misconduct" within s37 conceded – dishonesty - not keeping a drug register – alleged disregard for or non-compliance with conditions on re-registration – observations on extent of appeal right under s90(1) of the Act and in particular as to whether in circumstances appellant could controvert findings of Tribunal on basis that they went to what was the appropriate order rather than the conceded professional misconduct.
LEGISLATION CITED: Medical Practice Act 1992 s36; s37; s64(1); s90(1)(b) Medical Practitioners Act 1938 (NSW) s 32U
Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Bannister v Walton (1993) 30 NSWLR 699 Fox v Percy (2003) 214 CLR 118 Gayed v Walton (unrep, NSW Court of Appeal, 31 July 1997) Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 House v the King (1936) 55 CLR 499 CASES CITED: Lindsay v Health Care Complaints Commission [2005] NSWCA 356 Minister for Aboriginal Affairs v Peko Wallsend Ltd (1986) 162 CLR 24 Re Dr Than Le (Medical Tribunal decision, 20 September 2001) Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicants S134/2002 (2003) 211 CLR 441 R v Connell; Ex parte Hetton Bellbird Collieries Ltd (No. 2) (1944) 69 CLR 407 Sabag v Health Care Complaints Commission [2001] NSWCA 411 Seltsam Pty Ltd v Ghaleb [2005] NSWCA 208 Warren v Coombes (1979) 142 CLR 531
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