BOWEN-JAMES v WALTON and ORS [1991] NSWCA 30

BOWEN-JAMES v WALTON and ORS [1991] NSWCA 30

The application for stay was refused because the matters raised by the Doctor did not demonstrate irreparable procedural or substantive prejudice absent a stay; apprehension of bias and admissibility of evidence can still be addressed at the substantive hearing, and s32U does not apply to applications for special leave to the High Court.

Parties
Applicant: Bowen-James; Respondents: Walton and ORS
Jurisdiction
Australia
Judgment Date
07 August 1991
Procedural Posture
Motion for Stay / Appellate Court Decision on Application for Stay Pending Possible High Court Special Leave Application
Outcome
Motion dismissed with costs
Legal Topics
Stay of Proceedings, Medical Tribunal Procedure, Procedural Fairness, Bias, Right to Silence
Administrative Law Medical Law Stay of Proceedings Medical Tribunal Procedure Procedural Fairness Bias Right to Silence

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Parties

Bowen-James

Applicant

Walton and ORS

Respondents

Procedural Posture

Motion for Stay / Appellate Court Decision on Application for Stay Pending Possible High Court Special Leave Application

Legal Issues

  1. 1 Whether a stay of proceedings before the Medical Tribunal should be granted pending a proposed application for special leave to appeal to the High Court
  2. 2 Whether s32U of the Act mandates a stay in these circumstances
  3. 3 Whether ordering exchange of evidence statements prejudices procedural fairness or privileges of the Doctor

Ratio Decidendi

The application for stay was refused because the matters raised by the Doctor did not demonstrate irreparable procedural or substantive prejudice absent a stay; apprehension of bias and admissibility of evidence can still be addressed at the substantive hearing, and s32U does not apply to applications for special leave to the High Court.

Court Disposition

Motion dismissed with costs

Orders

  • Motion dismissed with costs