Crowley v Holmes [2003] FCA 331

Crowley v Holmes [2003] FCA 331

A limited injunction is granted restraining Committee 296 from proceeding to hear the matter the subject of Adjudicative Referral 296 until 4.15 pm on 21 May 2003, as there is a slight preponderance of inconvenience to the applicant if required to attend before the appeal is decided. There is no jurisdiction or basis to restrain Committee 366 or join its members as respondents, as no legal error was alleged.

Parties
Applicant: Paul David Crowley; First Respondent: Alan John Holmes (in his capacity as the Director of Professional Services Review); Second Respondent: Geoffrey Hirst; Third Respondent: Stephen Phillips; Fourth Respondent: David Rosenthal; Fifth Respondent: Health Insurance Commission
Jurisdiction
Australia
Judgment Date
25 March 2003
Procedural Posture
Interlocutory Application / Interlocutory Order Pending Appeal
Outcome
Notice of motion partly granted and partly dismissed
Legal Topics
Injunctions, Professional Services Review, Interlocutory Orders
Administrative Law Injunctions Professional Services Review Interlocutory Orders

Case Brief

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Parties

Paul David Crowley

Applicant

Alan John Holmes (in his capacity as the Director of Professional Services Review)

First Respondent

Geoffrey Hirst

Second Respondent

Stephen Phillips

Third Respondent

David Rosenthal

Fourth Respondent

Health Insurance Commission

Fifth Respondent

Procedural Posture

Interlocutory Application / Interlocutory Order Pending Appeal

Legal Issues

  1. 1 Whether Committee 296 should be restrained from proceeding pending appeal
  2. 2 Whether there was a basis to restrain or join Committee 366 members

Ratio Decidendi

A limited injunction is granted restraining Committee 296 from proceeding to hear the matter the subject of Adjudicative Referral 296 until 4.15 pm on 21 May 2003, as there is a slight preponderance of inconvenience to the applicant if required to attend before the appeal is decided. There is no jurisdiction or basis to restrain Committee 366 or join its members as respondents, as no legal error was alleged.

Court Disposition

Notice of motion partly granted and partly dismissed

Orders

  • The second, third and fourth respondents, as members of the Professional Services Review Committee 296, are restrained from proceeding to hear the matters which are the subject of Adjudicative Referral Number 296, dated 14 February 2002, until 4.15 pm on 21 May 2003.
  • The notice of motion is otherwise dismissed.