ROHATGI v HEALTH CARE COMPLAINTS COMMISSION [1996] NSWCA 454

ROHATGI v HEALTH CARE COMPLAINTS COMMISSION [1996] NSWCA 454

There is no right of appeal to the Supreme Court of New South Wales Court of Appeal from the Medical Tribunal's decision in a review enquiry under the Medical Practice Act 1992 or the Medical Practitioners Act 1938, as the right of appeal depends entirely on express statutory provision, which is lacking in this...

Source-derived case information.

Parties
Appellant: UR Rohatgi; Respondent: Health Care Complaints Commission
Jurisdiction
Australia
Judgment Date
26 July 1996
Procedural Posture
Appeal / Motion for Dismissal of Appeal as Incompetent
Outcome
Appeal dismissed as incompetent.
Legal Topics
Medical Regulation, Right of Appeal, Tribunal Review, Statutory Interpretation
Administrative Law Health Law Medical Regulation Right of Appeal Tribunal Review Statutory Interpretation

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Summary, issues, holding and outcome

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Parties

UR Rohatgi

Appellant

Health Care Complaints Commission

Respondent

Procedural Posture

Appeal / Motion for Dismissal of Appeal as Incompetent

Legal Issues

  1. 1 Whether a right of appeal lies to the Supreme Court of New South Wales Court of Appeal from an order of the Medical Tribunal in a review enquiry under the Medical Practice Act 1992 or Medical Practitioners Act 1938.
  2. 2 Whether the so-called 'consequential orders' of the Tribunal constitute appealable orders.

Ratio Decidendi

There is no right of appeal to the Supreme Court of New South Wales Court of Appeal from the Medical Tribunal's decision in a review enquiry under the Medical Practice Act 1992 or the Medical Practitioners Act 1938, as the right of appeal depends entirely on express statutory provision, which is lacking in this instance. Additionally, the so-called consequential orders are not orders but merely findings forming part of the reasons, which are not appealable.

Court Disposition

Appeal dismissed as incompetent.

Orders

  • The appeal is dismissed as incompetent.
  • The appellant must pay the respondent's costs of the appeal and of the motion.