EDELSTEN v RICHMOND [1989] NSWCA 71

EDELSTEN v RICHMOND [1989] NSWCA 71

None of the technical grounds for invalidity put forward by the applicant are made out; the Medical Tribunal and Medical Board were constituted and acted pursuant to the statutory scheme, and delegation and appointments satisfied requirements of the Medical Practitioners Act 1938 as amended.

Source-derived case information.

Parties
Applicant: Dr GW Edelsten; Respondent: Richmond; Interested Party: New South Wales Medical Board; Interested Party: Medical Tribunal of New South Wales
Jurisdiction
Australia
Judgment Date
01 September 1989
Procedural Posture
Appeal / Final Judgment
Outcome
Summons dismissed with costs.
Legal Topics
Judicial Review, Medical Practitioners Registration, Tribunal Constitution, Delegation of Authority, Statutory Interpretation
Administrative Law Health Law Judicial Review Medical Practitioners Registration Tribunal Constitution Delegation of Authority Statutory Interpretation

Source-derived case record

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Parties

Dr GW Edelsten

Applicant

Richmond

Respondent

New South Wales Medical Board

Interested Party

Medical Tribunal of New South Wales

Interested Party

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Medical Tribunal's orders were nullities due to alleged defects in constitution and appointments
  2. 2 Whether the New South Wales Medical Board was properly constituted under amended legislation
  3. 3 Validity of delegation of Board's powers to appoint Tribunal members

Ratio Decidendi

None of the technical grounds for invalidity put forward by the applicant are made out; the Medical Tribunal and Medical Board were constituted and acted pursuant to the statutory scheme, and delegation and appointments satisfied requirements of the Medical Practitioners Act 1938 as amended.

Court Disposition

Summons dismissed with costs.

Orders

  • Summons dismissed
  • Applicant to pay costs