Katelaris v Medical Council of New South Wales (formerly New South Wales Medical Board) [2012] NSWSC 282

Supreme Court New South Wales

Medium Neutral Citation: Katelaris v Medical Council of New South Wales (formerly New South Wales Medical Board) [2012] NSWSC 282 Hearing dates: 23 March 2012 Decision date: 02 April 2012 Jurisdiction: Common Law Before: Bellew J Decision: (1) I adjourn the Notice of Motion for further directions on Tuesday 24 April 2012 at 9.30 am. (2) I grant leave to the plaintiff to file and serve a Further Amended Statement of Claim on or before Friday 13 April 2012. (3) I grant either party liberty to restore the matter to the list upon 48 hours notice. Catchwords: Misfeasance in public office - elements of tort - pleadings and particulars - no reasonable cause of action disclosed - embarrassing pleadings Legislation Cited: Medical Practice Act 1992 Uniform Civil Procedure Rules 2005 Cases Cited: General Steel Industries v Commissioner for Railways (NSW) (1964) 112 CLR 125 Dr Andrew Katelaris v Medical Tribunal of New South Wales and Medical Board of New South Wales (No 1) and Dr Andrew Katelaris v Medical Tribunal of New South Wales and Medical Board of New South Wales (No 2) [2011] NSW CA 102 Gunns v Marr [2005] VSC 251 Leerdam & Anor v Noori & Ors (2009) 255 ALR 553 Shelton v National Roads and Motorists Association Ltd (2004) 51 ACSR 278 Category: Procedural and other rulings Parties: Medical Board of New South Wales (Defendant/Applicant) Dr Andrew Katelaris (Plaintiff/Respondent) Representation: Ms A Horvath (Applicant) In person (Respondent) Anne Harvey (Applicant) File Number(s): 11/397251 Publication restriction: /