Lindsay v Health Care Complaints Commission (No 1)

[2009] NSWCA 97

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Statutory right of appeal
3. › Appeal on point of law
4. › Medical Tribunal
5. › Whether grounds confined to decisions with respect to a point of law
6. › Whether need to invoke supervisory jurisdiction for procedural unfairness claims
7. › Medical Practice Act 1992 (NSW), s 90
1. Administrative Law
2. › Judicial review
3. › Supervisory jurisdiction
4. › Distinction between statutory appeal and judicial review
5. › Procedural unfairness
6. › Supreme Court Act 1970 (NSW), s 69
1. Practice and Procedure
2. › Powers of single judge
3. › Court of Appeal
4. › Power to dismiss for cause specified in rules
5. › Supreme Court Act 1970 (NSW), s 46

Quick Take

Where an appeal from the Medical Tribunal includes grounds asserting procedural unfairness that are not in substance complaints about a decision with respect to a point of law, those grounds must be pursued by summons under s 69 of the Supreme Court Act 1970 (NSW) rather than under the statutory appeal under s 90 of the Medical Practice Act 1992 (NSW). The scope of s 46(1)(b) of the Supreme Court Act regarding single judge powers to dismiss for cause specified in the rules was flagged as potentially broader than previously held in Macatangay, but was left open for future determination.