King v Health Care Complaints Commission [2011] NSWCA 143

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: King v Health Care Complaints Commission [2011] NSWCA 143 Hearing dates: 30 May 2011 Decision date: 30 May 2011 Before: Macfarlan JA Decision: Orders made by the Medical Tribunal on 5 May 2011 stayed until further order. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE - civil - application for stay pending appeal from decision of Medical Tribunal of NSW - applicant offered to give undertaking to the Court not to practice or hold himself out as a medical practitioner until further order of the Court - stay of deregistration order granted

PROCEDURE - civil - appeal from decision of Medical Tribunal of NSW - application for non-publication order - applicant's identity previously published on respondent's website in accordance with statutory obligations - whether order necessary to secure the proper administration of justice in the proceedings Legislation Cited: Civil Procedure Act 2005 Health Care Complaints Act 1993 Health Practitioner Regulation National Law (NSW) Cases Cited: Bannister v Walton [1992] NSWCA 21 Category: Procedural and other rulings Parties: Dr Victor King (Applicant) Health Care Complaints Commission (Respondent) Representation: Counsel J P Gormly SC (Applicant) K Eastman/T Davy (Respondent) Solicitors Holman Webb Lawyers (Applicant) Health Care Complaints Commission (Respondent) File Number(s): CA 2011/171615 Decision under appeal Citation: Health Care Complaints Commission v Dr Victor King Date of Decision: 2011-05-05 00:00:00 Before: Murrell SC DCJ; Dr K Kertesz; Dr G Yeo; Dr C Berglund, PHD File Number(s): 40017/10