PILLAI v MESSITER [1988] NSWCA 114

PILLAI v MESSITER [1988] NSWCA 114

The present appeal, being from an order of the Medical Tribunal after commencement of the 1987 amendments and based on a complaint filed under the amended Act, is governed by s32U and not the repealed s29.

Parties
Appellant: Pillai; Respondent: Messiter
Jurisdiction
Australia
Judgment Date
28 July 1988
Procedural Posture
Appeal / Motion
Outcome
Notice of motion upheld to the extent appellant relied on repealed s29; further determination on applicability of grounds of appeal under s32U deferred.
Legal Topics
Appeal Rights, Transitional Provisions, Medical Regulation
Professional Discipline Appeal Rights Transitional Provisions Medical Regulation

Case Brief

Summary, issues, holding and outcome

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Parties

Pillai

Appellant

Messiter

Respondent

Procedural Posture

Appeal / Motion

Legal Issues

  1. 1 Whether the appeal is governed by s32U of the Medical Practitioners Act 1938 or the repealed s29
  2. 2 Whether the grounds of appeal must be confined to questions of law under s32U

Ratio Decidendi

The present appeal, being from an order of the Medical Tribunal after commencement of the 1987 amendments and based on a complaint filed under the amended Act, is governed by s32U and not the repealed s29.

Court Disposition

Notice of motion upheld to the extent appellant relied on repealed s29; further determination on applicability of grounds of appeal under s32U deferred.

Orders

  • Notice of Motion upheld insofar as the appellant relies on the repealed s29.