NSW Caselaw
New South Wales Supreme Court
CITATION : Bhatia v New South Wales Medical Board [2007] NSWSC 1316
HEARING DATE(S) : 8 November 2007
JUDGMENT DATE : 9 November 2007
JUDGMENT OF : Harrison J
DECISION : Plaintiff's application dismissed with costs.
CATCHWORDS : ADMINISTRATIVE LAW – medical practitioner - inquiry by medical board – appointment by registrar pursuant to statutory delegation – delegation of discretionary power – substantive ultra vires – procedural ultra vires – error of law – exercise of power to appoint under s 66 Medical Practice Act 1992
LEGISLATION CITED : Interpretation Act 1987 Medical Practice Act 1992
Ex parte Forster; Re University of Sydney [1963] SR (NSW) 723 Owendale Pty Ltd v Anthony and Anor (1966-1967) 117 CLR 539 CASES CITED : Re Reference under Section 11 Ombudsman Act 1976 for an Advisory Opinion (1979) 2 ALD 86 Roehrich v New South Wales Medical Board [2004] NSWSC 1264 X v New South Wales Medical Board (1993) 32 ALD 330
Dr Satya Pal Bhatia (Plaintiff) PARTIES : New South Wales Medical Board (First Defendant) Andrew E Dix, Registrar, New South Wales Medical Board (Second Defendant) Dr Donald Grimes and Dr Stuart Renwick (Third Defendants)
FILE NUMBER(S) : SC 30119 of 2007
COUNSEL : M Robinson (Plaintiff) G Furness (Defendants)
SOLICITORS : TressCox Lawyers (Plaintiff) In person (Second Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST
HARRISON J
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