Dr Andrew Katelaris v Medical Tribunal of New South Wales [2010] NSWCA 377

Dr Andrew Katelaris v Medical Tribunal of New South Wales [2010] NSWCA 377

Directions are given for procedural fairness and assistance to ensure proper preparation and representation; the Medical Board is joined, leave is granted to file, and relevant notices of motion are stood over pending further legal assistance and consideration of the grounds for review and appeals.

Jurisdiction
Australia
Judgment Date
10 May 2010
Procedural Posture
Appeal / Interlocutory Directions
Outcome
interlocutory orders made, no final determination on appeal
Legal Topics
['judicial Review' 'appeal Process' 'procedural Joinder' 'supervisory Jurisdiction' 'pro Bono Assistance']
['administrative Law' 'medical Regulation'] ['judicial Review' 'appeal Process' 'procedural Joinder' 'supervisory Jurisdiction' 'pro Bono Assistance']

Case Brief

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Procedural Posture

Appeal / Interlocutory Directions

Legal Issues

  1. 1 ['Whether proper parties are before the Court for review of Tribunal decisions' 'Whether grounds for appeal under Medical Practice Act 1992 (NSW) s 90(1)(a) or (b) are established' 'Whether jurisdictional or operative error sufficient for relief under Supreme Court Act 1970 (NSW) s 69 is identified' 'Whether appeal under s 90 in relation to 2009 decision is competent' 'Procedural requirements for joinder and amendments']

Ratio Decidendi

Directions are given for procedural fairness and assistance to ensure proper preparation and representation; the Medical Board is joined, leave is granted to file, and relevant notices of motion are stood over pending further legal assistance and consideration of the grounds for review and appeals.

Court Disposition

interlocutory orders made, no final determination on appeal

Orders

  • ['NSW Medical Board joined as party to proceedings' 'Leave nunc pro tunc granted to Medical Board to file notice of motion to strike out appeal' 'Notice of motion to strike out appeal and notice of motion to amend appeal stood over to date to be fixed' 'Registrar directed to seek pro bono assistance for Dr...