Quach v New South Wales Health Care Complaints Commission

[2016] NSWCA 10

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › Decision of NCAT to deregister medical practitioner
5. › Whether NCAT properly constituted
6. › Appointment of acting judge of District Court as member of NCAT
7. › Whether appointment ceased upon expiry of first commission as acting judge
8. › Civil and Administrative Tribunal Act 2013 (NSW), ss 10, 15
1. Administrative Law
2. › Judicial review
3. › Discretion to refuse relief
4. › Availability of statutory right of appeal
5. › Whether deliberate failure to exercise right of appeal relevant to discretion
6. › Supreme Court Act 1970 (NSW), s 69
7. › Civil and Administrative Tribunal Act 2013 (NSW), Sch 5, Pt 6, cl 29
1. Administrative Law
2. › Judicial review
3. › Apprehended bias
4. › Conflict of interest
5. › Whether bare assertion of conflict of interest sufficient
6. › Whether advertising of arbitration and mediation services by judicial member gave rise to apprehension of bias
1. Administrative Law
2. › Judicial review
3. › Procedural fairness
4. › Tribunal questioning of witnesses
5. › Whether questioning by tribunal member altered evidence
6. › Whether preference for one expert over another constituted jurisdictional error

Quick Take

An appointment of an acting judge as a member of NCAT under s 15(2) of the CAT Act, expressed to operate 'whilst he remains an Acting District Court Judge', continues to operate where the judge is reappointed for a second continuous term as acting judge. The deliberate failure to exercise a statutory right of appeal, despite being repeatedly informed of that right, is relevant to the discretion to refuse judicial review under s 69 of the Supreme Court Act 1970 (NSW).