Re Michael Bar-Mordecai [2006] NSWMT 10

Re Michael Bar-Mordecai [2006] NSWMT 10

Mr Bar-Mordecai's application was brought before expiry of the seven-year period during which the 2000 Tribunal's orders provided that no review application could be made. Section 94A did not create an independent review avenue outside s 92, and the Tribunal, as a statutory tribunal, had no power to override the express proscription in s 92(3)(a). The review applications therefore had to be dismissed.

Jurisdiction
Australia
Judgment Date
12 December 2006
Procedural Posture
Former Medical Practitioner's Application for Review of Deregistration Orders / Determination of NSW Medical Board's Notice of Motion Seeking That the Review Application Be Struck Out, Stayed or Dismissed
Outcome
Applications dismissed; costs ordered against Mr Bar-Mordecai.
Legal Topics
['review of Deregistration' 'statutory Tribunal Powers' 'medical Practice Act 1992 S 92(3)(a) Proscription' 'fresh Evidence Under Medical Practice Act 1992 S 94 A' 'costs']
['medical Disciplinary Law' 'administrative Law'] ['review of Deregistration' 'statutory Tribunal Powers' 'medical Practice Act 1992 S 92(3)(a) Proscription' 'fresh Evidence Under Medical Practice Act 1992 S 94 A' 'costs']

Case Brief

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Procedural Posture

Former Medical Practitioner's Application for Review of Deregistration Orders / Determination of NSW Medical Board's Notice of Motion Seeking That the Review Application Be Struck Out, Stayed or Dismissed

Legal Issues

  1. 1 ['Whether the prohibition in Medical Practice Act 1992 s 92(3)(a) applies to all reviews of an earlier Tribunal decision where the earlier order specifies a period during which an application for review may not be made.' 'Whether Medical Practice Act 1992 s 94A creates a separate review process not subject to s 92(3)(a).' 'Whether the Tribunal has power to disregard or override the statutory proscription in s 92(3)(a).']

Ratio Decidendi

Mr Bar-Mordecai's application was brought before expiry of the seven-year period during which the 2000 Tribunal's orders provided that no review application could be made. Section 94A did not create an independent review avenue outside s 92, and the Tribunal, as a statutory tribunal, had no power to override the express proscription in s 92(3)(a). The review applications therefore had to be dismissed.

Court Disposition

Applications dismissed; costs ordered against Mr Bar-Mordecai.

Orders

  • ["Mr Bar-Mordecai's Notice of Review/Appeal under s 87 of the Medical Practice Act 1992 is dismissed." "Mr Bar-Mordecai's Notice of Review/Appeal under s 94A and s 92(3)(a) of the Medical Practice Act 1992 is dismissed." 'Mr Bar-Mordecai to pay the costs of the NSW Medical Board.']