LEICESTER v WALTON [1995] NSWCA 256

LEICESTER v WALTON [1995] NSWCA 256

The application for a stay is granted with conditions similar to those imposed by the Tribunal, but omitting the suspension and any requirement to relinquish private practice, in order to balance the protection of the public with preserving the utility of the appellant's statutory right of appeal.

Parties
Appellant: Dr Robert Duncan Barnaby Leicester; Respondent: Walton
Jurisdiction
Australia
Judgment Date
13 June 1995
Procedural Posture
Appeal / Application for Stay Pending Appeal
Outcome
Stay of the operation of the Tribunal's order granted with specified conditions, expedition of appeal ordered, and costs to be costs in the appeal.
Legal Topics
Professional Misconduct, Professional Discipline, Stay of Tribunal Orders, Suspension of Medical Practitioner
Medicine Professional Discipline Professional Misconduct Stay of Tribunal Orders Suspension of Medical Practitioner

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Parties

Dr Robert Duncan Barnaby Leicester

Appellant

Walton

Respondent

Procedural Posture

Appeal / Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether to grant a stay of the orders made by the Medical Tribunal suspending a medical practitioner, pending appeal.

Ratio Decidendi

The application for a stay is granted with conditions similar to those imposed by the Tribunal, but omitting the suspension and any requirement to relinquish private practice, in order to balance the protection of the public with preserving the utility of the appellant's statutory right of appeal.

Court Disposition

Stay of the operation of the Tribunal's order granted with specified conditions, expedition of appeal ordered, and costs to be costs in the appeal.

Orders

  • Stay the operation of the order of the Medical Tribunal dated 17 May 1995 until the hearing of the appeal or further order.
  • Expedite the hearing of the appeal (Category C) to be heard within four months.