Gorman v NSW Medical Board [2010] NSWCA 26

New South Wales Court of Appeal

CITATION: Gorman v NSW Medical Board [2010] NSWCA 26 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 10 February 2010

JUDGMENT DATE: 3 March 2010

JUDGMENT OF: Giles JA at 1; Tobias JA at 2; Campbell JA at 67

a) Dismiss Dr Gorman's appeal under s 90 of the Medical Practice Act 1992 against the orders of the Medical Tribunal made on 2 July 2009 as incompetent. DECISION: (b) Dismiss Dr Gorman's summons for s 69 relief. (c) Order that Dr Gorman pay the Medical Board's costs of both the appeal and the s 69 summons.

CATCHWORDS: ADMINISTRATIVE LAW – Judicial review – Grounds of review – Error of law – Relevant considerations – Unreasonableness – Bad faith – Procedural fairness – Bias – Absence of evidence - APPEAL AND NEW TRIAL – Appeal - practice and procedure – New South Wales – When no appeal lies – Whether the appeal to the Supreme Court under s 90 of the Medical Practice Act against the decision of the Medical Tribunal of NSW is incompetent – Appellant must be a person about whom a complaint has been referred to the Tribunal - PROFESSIONS AND TRADES – Health care professionals – Medical practitioners – Disciplinary proceedings – Proceedings before boards, tribunals, etc – Proceedings before the Medical Board of NSW – Suspension order under s 66(1)(a) Medical Practice Act – Appeal to the Medical Tribunal of NSW dismissed – Appeal to the Supreme Court against the decision of the Medical Tribunal of NSW – Whether the Medical Tribunal of NSW made a jurisdictional error or committed an error of law on the face of the record

Health Care Complaints Act 1993 LEGISLATION CITED: Medical Practice Act 1992 Supreme Court Act 1970 Uniform Civil Procedure Rules