Health Care Complaints Commission v Black [2014] NSWCATOD 35

Health Care Complaints Commission v Black [2014] NSWCATOD 35

The Respondent did not establish any basis for a permanent stay or dismissal. The prior criminal acquittals did not create res judicata, issue estoppel or autrefois acquit in protective disciplinary proceedings involving a different purpose, focus and standard of proof. The HCCC's 2000 termination of an investigation did not determine or dispose of the complaint so as to bar later proceedings, particularly in a protective jurisdiction and in the context of complaints by other patients. The delay and loss of exhibits did not make a fair hearing impossible because evidence could be tested, transcripts were available, descriptions or other aids could be used, and the Tribunal could determine...

Jurisdiction
Australia
Judgment Date
16 April 2014
Procedural Posture
Health Practitioner Disciplinary Complaint; Interlocutory Application to Stay or Dismiss Complaints / On the Papers
Outcome
Respondent's application dismissed; costs reserved.
Legal Topics
['permanent Stay' 'dismissal of Complaints' 'issue Estoppel' 'res Judicata' 'autrefois Acquit' 'abuse of Process' 'prior Criminal Acquittals' 'delay and Lost Exhibits' 'protective Jurisdiction' 'non Publication Order']
['health Practitioner Regulation' 'professional Discipline' 'administrative Law' 'civil Procedure'] ['permanent Stay' 'dismissal of Complaints' 'issue Estoppel' 'res Judicata' 'autrefois Acquit' 'abuse of Process' 'prior Criminal Acquittals' 'delay and Lost Exhibits' 'protective Jurisdiction' 'non Publication Order']

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Procedural Posture

Health Practitioner Disciplinary Complaint; Interlocutory Application to Stay or Dismiss Complaints / On the Papers

Legal Issues

  1. 1 ['Whether prior criminal acquittals prevented the Tribunal from determining particulars of complaint concerning two patients by reason of issue estoppel, res judicata or autrefois acquit.' "Whether the HCCC's 2000 termination of an investigation into allegations by one patient prevented those matters being brought before the Tribunal." 'Whether delay and the loss or destruction of exhibits from earlier criminal proceedings caused prejudice sufficient to justify a permanent stay or dismissal.' 'Whether concerns about experts from prior criminal proceedings supported a stay or dismissal.']

Ratio Decidendi

The Respondent did not establish any basis for a permanent stay or dismissal. The prior criminal acquittals did not create res judicata, issue estoppel or autrefois acquit in protective disciplinary proceedings involving a different purpose, focus and standard of proof. The HCCC's 2000 termination of an investigation did not determine or dispose of the complaint so as to bar later proceedings, particularly in a protective jurisdiction and in the context of complaints by other patients. The delay and loss of exhibits did not make a fair hearing impossible because evidence could be tested, transcripts were available, descriptions or other aids could be used, and the Tribunal could determine...

Court Disposition

Respondent's application dismissed; costs reserved.

Orders

  • ['The Tribunal makes a non publication order to prohibit the publication of the name, address or any other material identifying any patient to which any facts of the matters subject of the Complaint made by the HCCC dated 31 July 2013 relate.' "Respondent's application is dismissed." 'The question of costs with...