Dr C v Complaints Assessment Committee - SC 27/2005
Media releases
Summary
Summary Civil appeal - privilege - medical practitioners - whether sections 32 and 35 of the Evidence Amendment Act (No 2) 1980 apply to proceedings before the Medical Practitioners Disciplinary Tribunal under the Medical Practitioners Act 1995 - whether waiver of privilege. CA 198/04 19 April 2005
Result
Leave to appeal granted. Costs to the appellant of $3000 plus disbursements to be fixed by the Registrar in absence of agreement.
22 August 2005
_________________________
A. The appeal is allowed to the extent set out in order C only.
B. The setting aside of the order made in the High Court is affirmed.
C. C's application for disclosure is referred back to the Medical Practitioners Disciplinary Tribunal for re-hearing in the light of the directions given in the reasons of the majority judgment. The directions given by the Court of Appeal are set aside.
The appellant must pay the costs of the Complaints Assessment Committee in the Court of Appeal as ordered in that Court. In this Court the respondent must pay the appellant's costs fixed at $10,000 together with disbursements to be fixed if necessary by the Registrar.
29 June 2006
22 August 2005
_________________________
A. The appeal is allowed to the extent set out in order C only.
B. The setting aside of the order made in the High Court is affirmed.
C. C's application for disclosure is referred back to the Medical Practitioners Disciplinary Tribunal for re-hearing in the light of the directions given in the reasons of the majority judgment. The directions given by the Court of Appeal are set aside.
The appellant must pay the costs of the Complaints Assessment Committee in the Court of Appeal as ordered in that Court. In this Court the respondent must pay the appellant's costs fixed at $10,000 together with disbursements to be fixed if necessary by the Registrar.
29 June 2006
Hearing Transcripts
- Hearing date 17 August 2005 SC 27/2005 (PDF 86 KB)
- Hearing date 15 December 2005 SC 27/2005 (PDF 216 KB)
Related Documents
Leave judgment - leave granted — DR C V A COMPLAINTS ASSESSMENT COMMITTEE SC SC CIV 27/2005 [22 August 2005] (PDF 19 KB)
Substantive judgment — C V COMPLAINTS ASSESSMENT COMMITTEE SC 27/2005 [29 June 2006] (PDF 332 KB)