S v New South Wales Medical Board [2010] NSWSC 663

S v New South Wales Medical Board [2010] NSWSC 663

The plaintiff did not establish that a fair-minded observer might reasonably apprehend that Dr Lowy might not be open to persuasion or might not bring a fair and unprejudiced mind to the Committee hearing. The publications did not show that his mind was closed on face-to-face consultations or physical examinations, and no logical connection was established between his association with Impotence Australia or its sponsors and a reasonable apprehension of prejudgment.

Jurisdiction
Australia
Judgment Date
15 June 2010
Procedural Posture
Administrative Law Proceedings Concerning Alleged Reasonable Apprehension of Bias in a Professional Standards Committee Inquiry / Urgent Summons Seeking Orders Restraining the Committee From Further Considering the Complaint and Directing Constitution of a New Committee
Outcome
The summons is dismissed.
Legal Topics
['reasonable Apprehension of Bias' 'prejudgment' 'professional Standards Committee' 'medical Practitioner Complaint' 'injunctive Relief']
['administrative Law' 'health Law' 'professional Discipline' 'natural Justice'] ['reasonable Apprehension of Bias' 'prejudgment' 'professional Standards Committee' 'medical Practitioner Complaint' 'injunctive Relief']

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Procedural Posture

Administrative Law Proceedings Concerning Alleged Reasonable Apprehension of Bias in a Professional Standards Committee Inquiry / Urgent Summons Seeking Orders Restraining the Committee From Further Considering the Complaint and Directing Constitution of a New Committee

Legal Issues

  1. 1 ['Whether a fair-minded observer might reasonably apprehend that Dr Michael Lowy might not bring an impartial mind to the Professional Standards Committee hearing of the complaint against Dr S.' "Whether Dr Lowy's co-authored publications about sexual dysfunction showed prejudgment about face-to-face consultations or physical examinations." "Whether Dr Lowy's association with Impotence Australia, its sponsors, and the Pfizer Sildenafil National Advisory Board gave rise to a reasonable apprehension of bias."]

Ratio Decidendi

The plaintiff did not establish that a fair-minded observer might reasonably apprehend that Dr Lowy might not be open to persuasion or might not bring a fair and unprejudiced mind to the Committee hearing. The publications did not show that his mind was closed on face-to-face consultations or physical examinations, and no logical connection was established between his association with Impotence Australia or its sponsors and a reasonable apprehension of prejudgment.

Court Disposition

The summons is dismissed.

Orders

  • ['The summons is dismissed.' 'The plaintiff is to pay the costs of the first defendant.']