Reimers v Health Care Complaints Commission [2012] NSWCA 317

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Reimers v Health Care Complaints Commission [2012] NSWCA 317 Hearing dates: 25 September 2012 Decision date: 25 September 2012 Before: Basten JA at [1]; Campbell JA at [24]; Hoeben JA at [28] Decision: (1) Dismiss the summons and order the applicant to pay the Commission's costs, other than costs incurred with respect to the Commission's motion. (2) Dismiss the Commission's motion with no order as to costs. [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: ADMINISTRATIVE LAW - judicial review - discretion to refuse relief - application filed 8 years after decision complained of - whether lapse of time explained or justified - whether risk of prejudice if complaints were remitted - whether complaints would be remitted

MEDICAL PRACTITIONERS - professional misconduct - practitioner's addiction to narcotics affected practise - Medical Tribunal found that practitioner had engaged in professional misconduct and was impaired - whether findings inconsistent - whether manifest error of law

PROCEDURE - judicial review - summary dismissal - want of due despatch - application filed 8 years after impugned decision - whether want of due despatch in prosecution of the proceedings includes delay in commencement - whether appropriate to invoke uniform rule in judicial review proceedings where relief is discretionary - Uniform Civil Procedure Rules 2005 (NSW), r 12.7