Gorman v NSW Health Care Complaints Commission [2012] NSWCA 251

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gorman v NSW Health Care Complaints Commission [2012] NSWCA 251 Hearing dates: 18 July 2012 Decision date: 14 August 2012 Before: CAMPBELL JA; at [1] HOEBEN JA; at [2] SACKVILLE AJA; at [175] Decision: (1) The following Notices of Motion are dismissed: Appeal motion filed 19 December 2011. New information motion filed January 2012. Second new evidence motion filed 3 April 2012 (so far as not previously dismissed). (2) Appeal dismissed. (3) The appellant is to pay the respondent's costs of all motions argued on 18 July 2012 and of the appeal. [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: APPEAL - Medical Tribunal of NSW - medical practitioner - disciplinary proceedings - de-registration under Medical Practice Act 1992 - registration cancelled under Health Practitioners Regulation National Law Act 2009 - appeal from decision of Medical Tribunal - appeal with respect to point of law only - no point of law arising on appeal - review of decision of Judge of Appeal dismissing motions - motions rightly dismissed - dismissal of other motions - appeal dismissed. Legislation Cited: Health Practitioners Regulation National Law Act 2009 (NSW) - s 139B, s 139E, s 149C(1), s 162 Medical Practice Act 1992 (NSW) - s 36, s 37, s 64(1), s 66, s 86J(2), s 95 Supreme Court Act 1970 (NSW - s 46(4), s 19(2), s 48, s 75A Cases Cited: AVS Group of Companies v Commissioner of Police [2010] NSWCA 81; 78 NSWLR 302 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Collier v Cook [2012] NSWCA 50 Fleet v Royal Society for the Prevention of Cruelty to Animals NSW & Ors [2008] NSWCA 227 Gorman v NSW Medical Board [2010] NSWCA 26 Health Care Complaints Commission v Gorman [2011] NSWMT 7 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 House v The King [1936] HCA 40; 55 CLR 499 Kalifair Pty Ltd v Digi -Tech (Australia) Ltd [2002] NSWCA 383; 55 NSWLR 737 McBride v Walton [NSWCA, unreported, 27 August 1993 - Handley JA Patrick v Howorth [2002] NSWCA 285 Phillips v Walsh (1990) 20 NSWLR 206 Re Jay-O-Bees Pty Ltd (in liq) [2004] NSWSC 818; (2004) 50 ACSR 565 Category: Principal judgment Parties: Richard Francis Gorman - Appellant NSW Health Care Complaints Commission - Respondent Representation: Counsel: Appellant in Person Ms KM Richardson - Respondent Solicitors: Appellant in Person Health Care Complaints Commission - Respondent File Number(s): 2011/278022 Decision under appeal Jurisdiction: 9117 Citation: [2011] NSWMT 7 Date of Decision: 2011-08-17 00:00:00 Before: Johnstone DCJ File Number(s): 2011/278022