Morsingh v Health Care Complaints Commission [2022] NSWCA 106

Morsingh v Health Care Complaints Commission [2022] NSWCA 106

The Tribunal was entitled to accept Patient A's evidence, which was consistent and credible, over that of Dr Morsingh, whose accounts were inconsistent and unreliable. There was no error in the Tribunal's reasoning or findings of professional misconduct. The cancellation of Dr Morsingh's registration was appropriate to protect public safety and maintain confidence in the profession. No ground of appeal demonstrated legal, factual, or discretionary error.

Jurisdiction
Australia
Judgment Date
28 June 2022
Procedural Posture
Appeal Disciplinary Proceedings / Application for Leave to Appeal and Appeal From Decisions of Civil and Administrative Tribunal of NSW
Outcome
Leave to appeal from Stage 1 Decision refused; leave granted as to Stage 2 Decision and appeal therefrom dismissed; orders of Tribunal varied as to citation error; costs against applicant.
Legal Topics
['professional Misconduct' 'medical Practitioner Regulation' 'unsatisfactory Professional Conduct' 'appellate Review' 'evidentiary Assessment' 'public Confidence in Profession']
['health Law' 'professional Discipline'] ['professional Misconduct' 'medical Practitioner Regulation' 'unsatisfactory Professional Conduct' 'appellate Review' 'evidentiary Assessment' 'public Confidence in Profession']

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Procedural Posture

Appeal Disciplinary Proceedings / Application for Leave to Appeal and Appeal From Decisions of Civil and Administrative Tribunal of NSW

Legal Issues

  1. 1 ["Whether the Tribunal erred in accepting the complainant's (Patient A's) evidence and finding unsatisfactory professional conduct and professional misconduct against Dr Morsingh" "Whether the Tribunal erred in cancelling Dr Morsingh's registration, rather than keeping it with conditions" 'Whether findings were unreasonable or made without proper weight to relevant evidence']

Ratio Decidendi

The Tribunal was entitled to accept Patient A's evidence, which was consistent and credible, over that of Dr Morsingh, whose accounts were inconsistent and unreliable. There was no error in the Tribunal's reasoning or findings of professional misconduct. The cancellation of Dr Morsingh's registration was appropriate to protect public safety and maintain confidence in the profession. No ground of appeal demonstrated legal, factual, or discretionary error.

Court Disposition

Leave to appeal from Stage 1 Decision refused; leave granted as to Stage 2 Decision and appeal therefrom dismissed; orders of Tribunal varied as to citation error; costs against applicant.

Orders

  • ['The summons seeking leave to appeal the decision of the Civil and Administrative Tribunal of New South Wales in Health Care Complaints Commission v Morsingh [2021] NSWCATOD 13 is dismissed.' 'Grant leave to appeal the decision of the Civil and Administrative Tribunal of New South Wales in Health Care Complaints...