Bassel Abdul Rahman v Health Care Complaints Commission of NSW

Bassel Abdul Rahman sought interlocutory relief from the Court of Appeal of New South Wales, specifically a stay of orders made by the Medical Council of New South Wales (acting through the Health Care Complaints Commission) which cancelled his medical registration, or alternatively, a restorative interlocutory order.

The primary legal issue before the Court was whether it had the power to grant the interlocutory relief sought by Mr. Abdul Rahman, given the nature of the orders made by the Medical Council and the stage of proceedings. The Court was required to consider the principles governing the grant of interlocutory relief in the context of administrative decisions affecting professional registration.

White JA, applying established principles, determined that the Court did not possess the power to grant the interlocutory relief sought. His Honour reasoned that the Court's jurisdiction in such matters was limited to reviewing the legality of the decision-making process, not to substitute its own discretion for that of the decision-maker or to grant relief that would effectively undo the decision pending a substantive appeal. The Court found no basis for the exercise of such a power in this instance.

Consequently, the application for a stay or a restorative interlocutory order was dismissed.