Richardson v The Medical Council of NSW [2017] NSWSC 105

Richardson v The Medical Council of NSW [2017] NSWSC 105

There was no serious question to be tried because, on the facts disclosed, Dr Cowap's acquaintance with Dr Walsh was at most a slight and transient social contact and not a substantial relationship capable of giving rise to a reasonable apprehension of bias. Nor could a fair-minded lay observer reasonably infer from Dr Cowap's communications that he would only be impartial if deciding between opposing expert witnesses; his statement that he could bring an open and unbiased approach to the matters before the committee had to be read as a whole.

Jurisdiction
Australia
Judgment Date
09 February 2017
Procedural Posture
Administrative Law Proceeding Concerning Apprehended Bias in a Professional Standards Committee Inquiry / Notice of Motion for Stay and Summons for Removal of Committee Member Dismissed
Outcome
Notice of motion and summons dismissed with costs.
Legal Topics
['reasonable Apprehension of Bias' 'professional Standards Committee Inquiry' 'recusal' 'stay of Inquiry' 'external Appeal to Ncat']
['administrative Law' 'health Practitioner Regulation' 'procedural Fairness'] ['reasonable Apprehension of Bias' 'professional Standards Committee Inquiry' 'recusal' 'stay of Inquiry' 'external Appeal to Ncat']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Law Proceeding Concerning Apprehended Bias in a Professional Standards Committee Inquiry / Notice of Motion for Stay and Summons for Removal of Committee Member Dismissed

Legal Issues

  1. 1 ['Whether there was a serious question to be tried that Dr Simon Cowap should have recused himself, or that the committee should have resolved that he not further participate, on the ground of apprehended bias.' "Whether Dr Cowap's acquaintance with the Commission's expert, Dr Norman Walsh, could give rise to a reasonable apprehension that he might not bring an impartial mind." "Whether Dr Cowap's statement that he could prefer the evidence of another expert over Dr Walsh if appropriate indicated that he could only act impartially where there was competing expert evidence."]

Ratio Decidendi

There was no serious question to be tried because, on the facts disclosed, Dr Cowap's acquaintance with Dr Walsh was at most a slight and transient social contact and not a substantial relationship capable of giving rise to a reasonable apprehension of bias. Nor could a fair-minded lay observer reasonably infer from Dr Cowap's communications that he would only be impartial if deciding between opposing expert witnesses; his statement that he could bring an open and unbiased approach to the matters before the committee had to be read as a whole.

Court Disposition

Notice of motion and summons dismissed with costs.

Orders

  • ['Order that the notice of motion filed 3 February 2017 be dismissed with costs.' 'Order that the summons be dismissed with costs.']