Veterinary Practitioners Board of New South Wales v Gallagher; Veterinary Practitioners Board of New South Wales v Gallagher [2015] NSWSC 1233

Supreme Court New South Wales

Medium Neutral Citation: Veterinary Practitioners Board of New South Wales v Gallagher; Veterinary Practitioners Board of New South Wales v Gallagher [2015] NSWSC 1233 Hearing dates: 19 June 2015 Decision date: 03 September 2015 Jurisdiction: Common Law Before: Adams J Decision: 1. The summons in matter 2014/364795 is dismissed.

2. The summons in matter 2014/364771 is dismissed.

3. The plaintiff is to pay the costs of Juliana Gallagher in each proceeding. Catchwords: ADMINISTRATIVE LAW – appeal – finding of unsatisfactory conduct by Veterinary Practitioners Board of NSW – whether Civil and Administrative Tribunal required to find veterinarian guilty of "professional misconduct" – decision to set aside Board's decision ‑ requirement that Tribunal take course set out in s 63(3) of the Administrative Decisions Review Act 1997 (NSW) Legislation Cited: Administrative Decisions Review Act 1997 (NSW), s 63 Civil and Administrative Tribunal Act 2013 (NSW), s 29(8), Sch 5 Supreme Court Act 1970 (NSW), s 69 Veterinary Practice Act 2003 (NSW), ss 35, 47 Veterinary Practice Regulation 2006 (NSW), Sch 2 Cases Cited: Harper v Racing Penalties Appeal Tribunal of Western Australia (1995) 12 WAR 337; 78 A Crim R 433 Day v Harness Racing New South Wales [2014] NSWSC 1402 Category: Principal judgment Parties: 2014/00364795 Veterinary Practitioners Board of New South Wales (plaintiff) Juliana Gallagher (defendant)