RICHTER v WALTON [1993] NSWCA 234

RICHTER v WALTON [1993] NSWCA 234

Given new material raising a factual dispute relevant to the stay application, the applicant must be given a fair opportunity to contest the material; the proper course is to adjourn and continue the stay on current terms.

Parties
Applicant: Richter; Respondent: Walton
Jurisdiction
Australia
Judgment Date
17 May 1993
Procedural Posture
Appeal / Interlocutory Application (application for Stay Pending Appeal)
Outcome
Application adjourned for two weeks; stay of deregistration continued on same terms; costs of today to be costs in the application.
Legal Topics
Stay of Order, Deregistration of Medical Practitioner, Interlocutory Relief
Administrative Law Medical Law Stay of Order Deregistration of Medical Practitioner Interlocutory Relief

Case Brief

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Parties

Richter

Applicant

Walton

Respondent

Procedural Posture

Appeal / Interlocutory Application (application for Stay Pending Appeal)

Legal Issues

  1. 1 Whether the effect of a deregistration order should be stayed pending the determination of an appeal
  2. 2 Whether additional evidence affects the basis for granting a stay

Ratio Decidendi

Given new material raising a factual dispute relevant to the stay application, the applicant must be given a fair opportunity to contest the material; the proper course is to adjourn and continue the stay on current terms.

Court Disposition

Application adjourned for two weeks; stay of deregistration continued on same terms; costs of today to be costs in the application.

Orders

  • The application stands over for two weeks.
  • The stay previously granted is continued on the same terms as before for the period of the adjournment.