Recent Cases

Morsingh v Health Care Complaints Commission [2022] NSWCA 106 (28 June 2022) (White and Mitchelmore JJA, Basten AJA)


Catchwords:


APPEAL – disciplinary proceedings – finding of professional misconduct – order of NCAT cancelling registration of medical practitioner – appeal as of right restricted to question of law – challenge to acceptance of complainant’s evidence – challenge to severity of disciplinary order – whether a lesser order would have served the public interest – circumstances warranting a grant of leave

HEALTH – professional registration and discipline – complaints – breach by medical practitioner of patient’s sexual boundaries during consultation – practitioner used consultation to indulge his own social and sexual inclinations – challenge to decision to cancel registration – whether decision unreasonable – whether failure to consider or give sufficient weight to relevant evidence – no question of law identified by applicant – no substance to challenges against factual findings