A SURGEON V DIRECTOR OF PROCEEDINGS AND ANOR HC NAP CIV 2007-441-631

A SURGEON V DIRECTOR OF PROCEEDINGS AND ANOR HC NAP CIV 2007-441-631

Interim name suppression was granted pending the appeal because, after balancing private and public interests and having regard to the Tribunal's supervisory conditions and the appellant's undertaking to expedite the appeal, the continuance of suppression was appropriate provided strict compliance with the court's timetable; failure to comply would cause automatic lapse of suppression.

Citation
openlaw-166996b2_ccbe_4c33_b7a6_c80184b09f68.pdf
Parties
Appellant: A Surgeon; First Respondent: Director of Proceedings; Second Respondent: Health Practitioners Disciplinary Tribunal
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 August 2007
Procedural Posture
Appeal Under Health Practitioners Competence Assurance Act 2003 / Interim Name Suppression Application Pending Appeal
Outcome
Interim name suppression granted pending appeal on strict conditions and timetables; appeal listed for hearing on 4 October 2007; suppression to lapse automatically if directions not complied with.
Legal Topics
Name Suppression, Publication, Professional Misconduct, Appeal, Interim Orders, Supervision Conditions
Medical Law Administrative Law Health Regulation Disciplinary Proceedings Name Suppression Publication Professional Misconduct Appeal +2 more

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Parties

A Surgeon

Appellant

Director of Proceedings

First Respondent

Health Practitioners Disciplinary Tribunal

Second Respondent

Procedural Posture

Appeal Under Health Practitioners Competence Assurance Act 2003 / Interim Name Suppression Application Pending Appeal

Legal Issues

  1. 1 Whether interim name suppression should continue pending appeal
  2. 2 Balancing the private interests of the surgeon against the public interest in disclosure
  3. 3 Whether the surgeon's health justifies suppression or is contrary to public safety

Ratio Decidendi

Interim name suppression was granted pending the appeal because, after balancing private and public interests and having regard to the Tribunal's supervisory conditions and the appellant's undertaking to expedite the appeal, the continuance of suppression was appropriate provided strict compliance with the court's timetable; failure to comply would cause automatic lapse of suppression.

Court Disposition

Interim name suppression granted pending appeal on strict conditions and timetables; appeal listed for hearing on 4 October 2007; suppression to lapse automatically if directions not complied with.

Orders

  • Interim order suppressing publication of the surgeon's name and identifying particulars pending determination of the appeal, conditional on compliance with directions.
  • Appeal to be heard at 10am on 4 October 2007 (one day allocated).