LINDSAY v NSW MEDICAL BOARD [2008] NSWSC 40

New South Wales Supreme Court

CITATION : LINDSAY v NSW MEDICAL BOARD [2008] NSWSC 40

HEARING DATE(S) : 31 January 2008, 1 February 2008

JUDGMENT DATE : 7 February 2008

JURISDICTION : Administrative Law

JUDGMENT OF : Hall J at 1

DECISION : The relief sought in the Further Amended Summons is refused.

CATCHWORDS : PROFESSIONS – medicine – complaints against medical practitioner – delegates of NSW Medical Board conducted inquiry for the purposes of s 66 Medical Practice Act 1992 – s 66 inquiry where Medical Board satisfied action necessary for the purpose of protecting health of members of the public – determination by Medical Board to suspend registered medical practitioner – whether plaintiff was denied natural justice – whether Medical Board made misrepresentations to the plaintiff – right to legal representation – whether Medical Board failed to take into account proportionality and period of suspension – whether Medical Board had insufficient regard to facts – whether determination of the Medical Board illogical or irrational – whether Medical Board improperly took into account "mere concern" of "possible" impairment – whether referral to Health Care Complaints Commission properly made

Medical Act 1983 (UK) LEGISLATION CITED : Medical Practice Act 1992 Migration Act 1958 (Cth) Supreme Court Act 1970

CATEGORY : Principal judgment

Ackroyd v Whitehouse (1985) 2 NSWLR 239 Appellant WADZ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA FC 30 Applicant Naff of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 221 CLR 1 Ballam v Higgins (1986) 17 IR 131 Bhatia v New South Wales Medical Board [2007] NSWSC 1316 Bond v Australian Broadcasting Tribunal (No 2) (1988) 19 FCR 494 Boral Gas (NSW) Pty Limited v Magill (1993) 32 NSWLR 501 Bruce v Cole (1998) 45 NSWLR 163 Buck v Bavonne (1976) 135 CLR 110 Dainford v Independent Commission Against Corruption (1990) 19 ALD 207 CASES CITED : General Medical Council v Sheill [2006] EWHC 3025 In re Minister for Immigration & Multicultural Affairs; ex part applicant S20/2002 (2003) 198 ALR 59 Li Shi Ping v Minister v Immigration , Local Government adn Ethnic Affairs (1994) 35 ALD 557 Lloyd v Veterinary Surgeons Invetigating Commission & Anor [1999] NSWCA 68 Minister for Local Government v South Sydney City Council [2002] 55 NSWLR 381 NSW Breeding & Racing Stables Pty Limited v Administrative Appeal Tribunal of NSW [2001] NSWSC 494 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Re Minister for Immigration & Multicultural Affairs; ex parte A [2001] 185 ALR 489 Ross v Brown [1979] 1 NSWLR 114, 129 to 130 Telstra Corporation Limited v Australian Competition and Consumer Commission (No 2) (2007) 240 ALR 135 Thomas v Mowbray (2007) 237 ALR 194 X v New South Wales Medical Board (1993) 32 ALD 330