BANNISTER v WALTON and ANOR [1996] NSWCA 42

BANNISTER v WALTON and ANOR [1996] NSWCA 42

A fair minded and informed observer, knowing only that Dr Ellis was a member of the Australian Orthopaedic Association (which had sought to remove the claimant) but without evidence of his involvement in those attempts, would not reasonably apprehend bias or lack of impartiality in Dr Ellis's participation in the Tribunal.

Parties
Claimant: John Herbert Bannister; First Opponent: Merrilyn Walton; Second Opponent: Medical Tribunal (appointed under s32M Medical Practitioners Act 1938); Third Opponent: New South Wales Medical Board
Jurisdiction
Australia
Judgment Date
01 April 1996
Procedural Posture
Appeal / Judgment on Application to Quash Tribunal Decision
Outcome
Summons dismissed with costs.
Legal Topics
Procedural Fairness, Bias in Statutory Tribunals, Certiorari, Medical Practitioners Discipline
Administrative Law Procedural Fairness Bias in Statutory Tribunals Certiorari Medical Practitioners Discipline

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Parties

John Herbert Bannister

Claimant

Merrilyn Walton

First Opponent

Medical Tribunal (appointed under s32M Medical Practitioners Act 1938)

Second Opponent

New South Wales Medical Board

Third Opponent

Procedural Posture

Appeal / Judgment on Application to Quash Tribunal Decision

Legal Issues

  1. 1 Whether presence of Dr Ellis on the Tribunal gave rise to a reasonable apprehension of bias warranting quashing the Tribunal's decision

Ratio Decidendi

A fair minded and informed observer, knowing only that Dr Ellis was a member of the Australian Orthopaedic Association (which had sought to remove the claimant) but without evidence of his involvement in those attempts, would not reasonably apprehend bias or lack of impartiality in Dr Ellis's participation in the Tribunal.

Court Disposition

Summons dismissed with costs.

Orders

  • Summons dismissed with costs.