ROEHRICH v NSW MEDICAL BOARD [2006] NSWSC 170

New South Wales Supreme Court

CITATION : ROEHRICH v NSW MEDICAL BOARD [2006] NSWSC 170

HEARING DATE(S) : 24 October 2005

JUDGMENT DATE : 24 March 2006

JUDGMENT OF : Hulme J at 1

DECISION : Order the Defendant to pay the Plaintiff damages in the sum of $100; Order each party to pay his, her or its own costs

PARTIES : Dr Eckard Roehrich NSW Medical Board

FILE NUMBER(S) : SC 30090/04

COUNSEL : In person Ms G Furness

SOLICITORS : In person AE Dix

- 11 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HULME J

No: 30090/04 Friday, 24 March 2006

Dr Eckard ROEHRICH v NSW MEDICAL BOARD, Professor Walter GLOVER AND Dr Jennifer KENDRICK JUDGMENT 1 HIS HONOUR: On 23 December 2004 I delivered Reasons dealing with the principal issues arising in these proceedings and made the following substantive orders:- (i) That the decision of the Board made on or about 17 September 2003 that the professional performance of the Plaintiff be assessed be quashed. (ii) Dismiss the Plaintiff's claim that the decision of the Board made on or about 21 September to suspend the Plaintiff from practising medicine be quashed. 2 In the "Statement of Claim" in the proceedings the Plaintiff, in addition to seeking relief along the lines of that dealt with in the first and second of the orders made on 23 December, sought damages, costs and "any reasonable further or other order as this Honourable Court sees fit." Those claims are the subject of these Reasons. Pursuant to directions made at various times between 24 December 2004 and 24 October 2005 when the Plaintiff's claim for ancillary relief was heard the Plaintiff, in a "Statement of Particulars" filed on 27 April 2005 and an "Amendment of the Statement of Particulars" filed on 31 May 2005 identified his claim in these respects as follows:-