Ho v Grigor [2006] FCA 417

Ho v Grigor [2006] FCA 417

Order 3, being interlocutory, should be set aside to avoid injustice as enforcement in the present circumstances would be contrary to its purpose and the interests of justice; the applicants are to have an opportunity to provide evidence as to whether Regulation 11(b) was raised before the relevant Committees; further hearing is stood over.

Jurisdiction
Australia
Judgment Date
19 April 2006
Procedural Posture
Judicial Review / Interlocutory Order on Notices of Motion; Order Setting Aside Prior Order and Procedural Directions
Outcome
Order 3 set aside; directions as to evidence; hearing stood over
Legal Topics
['interlocutory Orders' 'enforcement of Orders' 'finality of Litigation' 'professional Services Review Scheme' 'exceptional Circumstances' 'setting Aside Orders' 'public Interest']
['administrative Law' 'health Law' 'practice and Procedure'] ['interlocutory Orders' 'enforcement of Orders' 'finality of Litigation' 'professional Services Review Scheme' 'exceptional Circumstances' 'setting Aside Orders' 'public Interest']

Case Brief

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Procedural Posture

Judicial Review / Interlocutory Order on Notices of Motion; Order Setting Aside Prior Order and Procedural Directions

Legal Issues

  1. 1 ['Whether Order 3 made on 3 December 2004 should be set aside in the judicial review proceedings brought by the applicants under the Professional Services Review Scheme' 'Whether the proceedings should be dismissed on the basis of the outcome in Oreb v Willcock [2005] FCAFC 196' 'Whether there was any relevant issue regarding Regulation 11(b) raised before the Committees in the cases of Dr Do and Dr Ho']

Ratio Decidendi

Order 3, being interlocutory, should be set aside to avoid injustice as enforcement in the present circumstances would be contrary to its purpose and the interests of justice; the applicants are to have an opportunity to provide evidence as to whether Regulation 11(b) was raised before the relevant Committees; further hearing is stood over.

Court Disposition

Order 3 set aside; directions as to evidence; hearing stood over

Orders

  • ['Set aside Order 3 made on 3 December 2004.' 'Direct the applicants within 14 days to file any evidence on which they propose to rely in support of any argument that Regulation 11(b) was raised before the relevant Committee.' 'Stand over the further hearing of the motion to a date to be fixed.' 'Liberty to the...