Edelsten v His Honour Judge Ward & Ors (2)

Geoffrey Walter Edelsten applied to the High Court of Australia for a stay of orders made by the Medical Tribunal, which directed that his name be struck off the medical register. This application was made as an interim measure to preserve the status quo pending the determination of separate proceedings in the Court of Appeal, where Mr Edelsten sought orders of prohibition against the Medical Board and the Medical Tribunal. A previous stay granted by Mr Justice Wilson was due to expire imminently.

The legal issues before the High Court concerned the power to grant a stay of the Medical Tribunal's striking-off orders. Specifically, the court needed to consider the effect of the Medical Tribunal's orders under section 32R of the relevant Act, and whether the act of removing a name from the register was a ministerial act. The court also had to determine the basis upon which it could exercise its power to grant a stay, particularly in aid of the preservation of the subject-matter of applications for special leave.

The court was asked to exercise its power to maintain the status quo, which at that time involved Mr Edelsten remaining on the medical register and practising, due to supervening court orders that had temporarily suspended the effect of the Medical Tribunal's decision. The application for prohibition in the Court of Appeal was based on factual contentions regarding the appointment of the Medical Tribunal. The High Court's role was to consider whether to grant a stay to prevent the Medical Board from acting on the Tribunal's orders while the Court of Appeal proceedings were ongoing.