O'Sullivan v Medical Tribunal of New South Wales & Health Care Complaints Commission [2009] NSWCA 271

O'Sullivan v Medical Tribunal of New South Wales & Health Care Complaints Commission [2009] NSWCA 271

The application to restrain the Medical Tribunal was rejected because it was not sufficiently clear that the judicial review claim had enough likelihood of success to justify interrupting the Tribunal, judicial review and quashing relief would remain available after any Tribunal decision, and the practical listing circumstances meant expedition could allow the issue to be addressed without immediate restraint.

Jurisdiction
Australia
Judgment Date
19 August 2009
Procedural Posture
Judicial Review of a Decision by the Medical Tribunal Not to Disqualify Itself on Apprehended Bias Grounds / Urgent Interlocutory Application for Expedition and Restraint of the Medical Tribunal From Proceeding With Its Hearing
Outcome
Expedition granted; application to restrain the Medical Tribunal rejected; costs of the day to be costs in the summons; access to the specified affidavit restricted.
Legal Topics
['judicial Review' 'apprehended Bias' 'medical Tribunal Proceedings' 'interlocutory Restraint' 'expedition' 'access to Affidavit']
['administrative Law' 'civil Procedure' 'health Law'] ['judicial Review' 'apprehended Bias' 'medical Tribunal Proceedings' 'interlocutory Restraint' 'expedition' 'access to Affidavit']

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Procedural Posture

Judicial Review of a Decision by the Medical Tribunal Not to Disqualify Itself on Apprehended Bias Grounds / Urgent Interlocutory Application for Expedition and Restraint of the Medical Tribunal From Proceeding With Its Hearing

Legal Issues

  1. 1 ['Whether the Medical Tribunal should be restrained from taking further steps pending judicial review of its refusal to disqualify itself for apprehended bias.' 'Whether expedition should be granted for the judicial review proceedings.' 'Whether access should be restricted to the affidavit containing allegedly prejudicial material.']

Ratio Decidendi

The application to restrain the Medical Tribunal was rejected because it was not sufficiently clear that the judicial review claim had enough likelihood of success to justify interrupting the Tribunal, judicial review and quashing relief would remain available after any Tribunal decision, and the practical listing circumstances meant expedition could allow the issue to be addressed without immediate restraint.

Court Disposition

Expedition granted; application to restrain the Medical Tribunal rejected; costs of the day to be costs in the summons; access to the specified affidavit restricted.

Orders

  • ['Expedition granted.' 'Application to restrain the Medical Tribunal as presently constituted from proceeding with its hearing rejected.' 'Costs of today be costs in the summons.' 'No access to be granted to the affidavit of David Ian Brown dated 19 August 2009 without the prior leave of a Judge of the Court.']