Gerrit Reimers v Health Care Complaints Commission

[2012] HCASL 173

GERRIT REIMERS

v

HEALTH CARE COMPLAINTS COMMISSION & ANOR

[2012] HCASL 173
S301/2012

1. The applicant seeks special leave to appeal from orders of the Court of Appeal of the Supreme Court of New South Wales (Basten, Campbell and Hoeben JJA) made on 25 September 2012 dismissing the applicant's summons seeking judicial review of a decision of the Medical Tribunal of New South Wales made on 4 November 2003. 

2. On 19 May 2003, the Medical Tribunal heard proceedings in relation to 12 complaints lodged by the first respondent against the applicant.  The complaints concerned the applicant's addiction to narcotic drugs, and alleged unsatisfactory professional conduct and professional misconduct by the applicant in his work as an anaesthetist.  The Medical Tribunal handed down its findings and orders on 4 November 2003.  It found the applicant guilty of professional misconduct, and ordered that the applicant's name be removed from the Register of Medical Practitioners.

3. Over eight years later, on 7 February 2012, the applicant filed a summons in the Court of Appeal seeking judicial review of the Medical Tribunal's decision.  The Court of Appeal dismissed the applicant's summons on the basis that the applicant had neither explained nor justified the extraordinary lapse of time, and the applicant's grounds for challenging the Medical Tribunal's decision lacked substance.

4. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

5. There is no reason to doubt the correctness of the decision of the Court of Appeal.  An appeal to this Court would have no prospect of success.

6. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
5 December 2012 S.M. Crennan