MACARTHUR v WALTON [1995] NSWCA 264

MACARTHUR v WALTON [1995] NSWCA 264

No error of law was demonstrated in the Tribunal's findings or procedure; issues raised concerned findings of fact and credibility, outside the scope of appealable questions of law under s90 of the Medical Practice Act 1992. The Tribunal's failure to determine the complainant's application for costs was an error of law justifying a remitter to the Tribunal for proper determination.

Parties
Appellant: Macarthur; Respondent: Walton
Jurisdiction
Australia
Judgment Date
31 August 1995
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed; cross-appeal allowed; matter of complainant's costs remitted to Tribunal; costs awarded against appellant.
Legal Topics
Professional Misconduct, Appeal on Question of Law, Procedural Fairness, Jurisdiction of Tribunal, Admission of Evidence, Costs
Medical Law Administrative Law Professional Misconduct Appeal on Question of Law Procedural Fairness Jurisdiction of Tribunal Admission of Evidence Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Macarthur

Appellant

Walton

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the findings of the Medical Tribunal involve an error of law justifying appellate intervention
  2. 2 Whether the Tribunal erred in law by relying on indirect testimony and inferences
  3. 3 Whether there was an absence of evidence which a reasonable tribunal would accept

Ratio Decidendi

No error of law was demonstrated in the Tribunal's findings or procedure; issues raised concerned findings of fact and credibility, outside the scope of appealable questions of law under s90 of the Medical Practice Act 1992. The Tribunal's failure to determine the complainant's application for costs was an error of law justifying a remitter to the Tribunal for proper determination.

Court Disposition

Appeal dismissed; cross-appeal allowed; matter of complainant's costs remitted to Tribunal; costs awarded against appellant.

Orders

  • Appeal dismissed with costs.
  • Leave to cross-appeal granted.