NSW Caselaw
New South Wales Supreme Court
CITATION : Health Care Complaints Commission v Rawcliffe & Nurses & Midwives Tribunal [2007] NSWSC 188
HEARING DATE(S) : 5 February 2007
JUDGMENT DATE : 9 March 2007
JUDGMENT OF : Price J at 1
DECISION : 1. The decision of the Nurses and Midwives Tribunal dated 5 June 2006 is quashed. 2. The matter is referred back to the Nurses and Midwives Tribunal to be determined according to law. 3. No order as to costs.
CATCHWORDS : Administrative Law - proceedings before the Nurses and Midwives Tribunal - application for remedy in the nature of prerogative relief - not an appeal within s 67 of the Nurses and Midwives Act 1991 - denial of procedural fairness.
Nurses and Midwives Act 1991 s 4A, s 45, s 46, LEGISLATION CITED : s 54, s 57(1), s 57(3), s 67 Supreme Court Act 1970 (NSW) s 69, 69(4)
Briginshaw v Briginshaw (1938) 60 CLR 336 Craig v South Australia (1994 - 1995) 184 CLR 163 CASES CITED : Health Care Complaints Commission v Beck [1999] NSWCA 236. Lindsay v Health Care Complaints Commission & Anor [2004] NSWCA 22 Saville v Health Care Complaints Commission & Anor [2006] NSWCA 98 Yelds v Nurses Tribunal (2000) 49 NSWLR 491
Health Care Complaints Commission PARTIES : Clifford John Rawcliffe Nurses and Midwives Tribunal
FILE NUMBER(S) : SC 13722/06
COUNSEL : HCCC - Mr P Griffin Clifford John Rawcliffe - in person unrepresented
LOWER COURT JURISDICTION :
LOWER COURT JUDICIAL OFFICER : Nurses and Midwives Tribunal
LOWER COURT DATE OF DECISION : 5 June 2006
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