EDELSTEN v WARD AND ORS [1988] NSWCA 40

EDELSTEN v WARD AND ORS [1988] NSWCA 40

Because the inquiry had not been completed under s32R of the Medical Practitioners Act 1938 and an appeal on a point of law had been filed, s32U(6) required that the Tribunal's proceedings be stayed until the appeal was disposed of.

Parties
Claimant: Dr Geoffrey Edelsten; Opponent: Ward; Appellant: David Thomas Richmond; Appellant: Gordon Messiter
Jurisdiction
Australia
Judgment Date
09 June 1988
Procedural Posture
Appeal / Interlocutory Application for Stay Pending Appeal
Outcome
Application granted
Legal Topics
Misconduct by Medical Practitioners, Stays of Proceedings, Statutory Interpretation, Interlocutory Appeals
Medical Law Administrative Law Misconduct by Medical Practitioners Stays of Proceedings Statutory Interpretation Interlocutory Appeals

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Parties

Dr Geoffrey Edelsten

Claimant

Ward

Opponent

David Thomas Richmond

Appellant

Gordon Messiter

Appellant

Procedural Posture

Appeal / Interlocutory Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether s32U(6) of the Medical Practitioners' Act 1938 requires the Medical Tribunal's inquiry to be stayed upon filing of an appeal on a point of law before the inquiry is completed
  2. 2 When an inquiry under the Act is 'completed' for purposes of appeal rights and the operation of interlocutory stay provisions

Ratio Decidendi

Because the inquiry had not been completed under s32R of the Medical Practitioners Act 1938 and an appeal on a point of law had been filed, s32U(6) required that the Tribunal's proceedings be stayed until the appeal was disposed of.

Court Disposition

Application granted

Orders

  • David Thomas Richmond and Gordon Messiter be added as appellants and opponents to the notice of motion.
  • Further proceedings upon the inquiry before the Medical Tribunal be stayed until conclusion of the appeal or further order of the Court.