Daskalopoulos v Health Care Complaints Commission

The appeal concerned a finding of unsatisfactory professional conduct made by the Medical Tribunal against Dr. Daskalopoulos. The proceedings were brought before the Court of Appeal of New South Wales by Dr. Daskalopoulos, who sought to challenge the Tribunal's decision.

The central legal issues before the Court of Appeal were whether the Medical Tribunal had erred in law in its finding of unsatisfactory professional conduct, whether Dr. Daskalopoulos had been afforded procedural fairness during the Tribunal proceedings, and whether the Tribunal's conclusion that an error of judgment constituted unsatisfactory professional conduct was legally sound.

The Court of Appeal upheld the appeal, setting aside the findings of the Tribunal. In lieu of the Tribunal's findings, the Court dismissed the complaint. The respondent was ordered to pay the appellant's costs of the hearing and the appeal, with provision for the respondent to seek a different costs order within seven days, and the appellant to respond within a further seven days.