S v New South Wales Medical Board [2010] NSWSC 663

New South Wales Supreme Court

CITATION : S v New South Wales Medical Board [2010] NSWSC 663

HEARING DATE(S) : 11 June 2010

JUDGMENT DATE : 15 June 2010

JUDGMENT OF : Price J at 1

DECISION : 1. The summons is dismissed. 2. The plaintiff is to pay the costs of the first defendant.

CATCHWORDS : Administrative law - Professional Standards Committee - whether reasonable apprehension of bias

LEGISLATION CITED : Medical Practice Act 1992 s 36, s 61, s168, s 171, s 179(1)

CATEGORY : Principal judgment

Re Finance Sector Union of Australia; ex parte Illaton Pty Ltd (1992) 107 ALR 581 CASES CITED : Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70 McGovern v Ku-Ring-Gai Council (2008) 72 NSWLR 504

PARTIES : S New South Wales Medical Board

FILE NUMBER(S) : SC 2010/144664

COUNSEL : Ms P Horvath - Plaintiff Ms K Richardson - First Defendant

SOLICITORS : Holman Webb Lawyers (Plaintiff)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

PRICE J

15 June 2010

2010/144664 S v New South Wales Medical Board

JUDGMENT 1 His Honour: These proceedings concern an allegation of a reasonable apprehension of bias on the part of Dr Michael Lowy who is a member of a Professional Standards Committee (the Committee) which was constituted by the New South Wales Medical Board (the Board) under s 168 Medical Practice Act 1992, to hear a complaint against Dr S. As the hearing is fixed to commence on 17 June 2010, Dr S, the plaintiff, has urgently sought an order restraining the members of the Committee from further considering the complaint. He also seeks an order directing the Board to constitute a new Professional Standards Committee which does not include Dr Lowy as a member to hear the complaint.