Richardson v The Medical Council of NSW [2017] NSWSC 105

Supreme Court New South Wales

Medium Neutral Citation: Richardson v The Medical Council of NSW [2017] NSWSC 105 Hearing dates: 9 February 2017 Decision date: 09 February 2017 Jurisdiction: Equity - Duty List Before: White J Decision: 1. Order that the notice of motion filed 3 February 2017 be dismissed with costs. 2. Order that the summons be dismissed with costs. Catchwords: ADMINISTRATIVE LAW – application for stay of inquiry by Professional Standards Committee – whether reasonable apprehension of bias – whether member ought to have recused himself in circumstances where member and expert did not have a professional relationship and degree of association was insubstantial – not open to infer that member would bring an open mind only in relation to preference of evidence between expert witnesses - no reasonable layperson would reasonably apprehend that member might not bring an impartial mind Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Ebner v Official Trustee (2000) 205 CLR 337; [2000] HCA 63 Emanuele v Emanuel Investment Pty Ltd (1997) 139 FLR 36 Bienstein v Bienstein [2003] HCA 7; (2003) 195 ALR 225 Re JRL; Ex parte CJL (1986) 161 CLR 342; [1986] HCA 39 Category: Principal judgment Parties: David Richardson (Plaintiff) The Medical Council of NSW (1st Defendant) Health Care Complaints Commission (2nd Defendant) Representation: Counsel: G M Gregg (Plaintiff) P Lowson (1st Defendant) J Dinihan, Solicitor (2nd Defendant)