Berry v Medical Tribunal of NSW & Anor [2001] NSWCA 132

Berry v Medical Tribunal of NSW & Anor [2001] NSWCA 132

The particular matter before the Tribunal was the claimant's 1999 application under s 92 of the Medical Practice Act 1992 to be restored to the Register, made on the footing of his then alleged fitness to practise medicine. Any earlier contacts or involvement of Dr Amos with Board processes concerning the claimant did not amount to having previously dealt with that particular matter. The Tribunal was therefore not shown to have been improperly constituted under s 147(4), and there was no basis for certiorari.

Jurisdiction
Australia
Judgment Date
04 May 2001
Procedural Posture
Application by Summons for an Order in the Nature of Certiorari Under S 69 of the Supreme Court Act 1970 in Respect of a Medical Tribunal Decision Refusing Restoration to the Register of Medical Practitioners / Court of Appeal Determination of the Summons
Outcome
Summons dismissed with costs.
Legal Topics
['certiorari' 'jurisdictional Error' 'medical Tribunal Constitution' 'disqualification of Tribunal Member' 'meaning of "matter" Under S 147(4) of the Medical Practice Act 1992' 'restoration to Register of Medical Practitioners']
['administrative Law' 'health Law' 'medical Regulation'] ['certiorari' 'jurisdictional Error' 'medical Tribunal Constitution' 'disqualification of Tribunal Member' 'meaning of "matter" Under S 147(4) of the Medical Practice Act 1992' 'restoration to Register of Medical Practitioners']

Case Brief

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Procedural Posture

Application by Summons for an Order in the Nature of Certiorari Under S 69 of the Supreme Court Act 1970 in Respect of a Medical Tribunal Decision Refusing Restoration to the Register of Medical Practitioners / Court of Appeal Determination of the Summons

Legal Issues

  1. 1 ['Whether Dr B J Amos was disqualified from sitting on the Medical Tribunal under s 147(4) of the Medical Practice Act 1992 because he had previously dealt with the particular matter before the Tribunal in his capacity as a member of the New South Wales Medical Board.' "Whether the Tribunal's refusal to restore the claimant to the Register of Medical Practitioners should be quashed by certiorari under s 69 of the Supreme Court Act 1970."]

Ratio Decidendi

The particular matter before the Tribunal was the claimant's 1999 application under s 92 of the Medical Practice Act 1992 to be restored to the Register, made on the footing of his then alleged fitness to practise medicine. Any earlier contacts or involvement of Dr Amos with Board processes concerning the claimant did not amount to having previously dealt with that particular matter. The Tribunal was therefore not shown to have been improperly constituted under s 147(4), and there was no basis for certiorari.

Court Disposition

Summons dismissed with costs.

Orders

  • ['The summons is dismissed with costs.']