O'Sullivan v Medical Tribunal of New South Wales & Health Care Complaints Commission [2009] NSWCA 271

New South Wales Court of Appeal

CITATION: O'Sullivan v Medical Tribunal of New South Wales & Health Care Complaints Commission [2009] NSWCA 271 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 19 August 2009

JUDGMENT DATE: 19 August 2009

JUDGMENT OF: Allsop P at 1

EX TEMPORE JUDGMENT DATE: 19 August 2009

1. Expedition granted. DECISION: 2. Application to restrain the Medical Tribunal as presently constituted from proceeding with its hearing rejected. 3. Costs of today be costs in the summons. 4. No access be granted to the affidavit of David Ian Brown dated 19 August 2009 without the prior leave of a Judge of the Court.

CATEGORY: Procedural and other rulings

Brendan O'Sullivan (Plaintiff) PARTIES: Medical Tribunal of New South Wales (First Defendant) Health Care Complaints Commission (Second Defendant)

FILE NUMBER(S): CA 40291/09

COUNSEL: P Menzies QC; B Nolan (Plaintiff) G A Farmer (Second Defendant)

SOLICITORS: Browns Legal & Consulting (Plaintiff)

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL 40291/09

ALLSOP P

Wednesday 19 August 2009 BRENDAN O'SULLIVAN v MEDICAL TRIBUNAL OF NEW SOUTH WALES & HEALTH CARE COMPLAINTS COMMISSION Judgment 1 ALLSOP P: This matter has come on urgently this afternoon. The plaintiff in a summons in the original jurisdiction seeks judicial review of a decision by the Medical Tribunal not to disqualify itself after an application was made to it so to do. The basis of the application was one of apprehended bias.