Gorman v Health Care Complaints Commission

Dr Gorman appealed to the Court of Appeal of New South Wales against decisions of the Health Care Complaints Commission. The applicant filed five notices of motion seeking various orders, including orders relating to principles of law and medical science, and an order staying his deregistration as a medical practitioner.

The Court of Appeal was required to determine whether it was appropriate to consider the issues raised in the notices of motion in advance of the substantive hearing of the appeal. It also had to consider whether to grant the applicant's notice of motion seeking a stay of his deregistration.

The Court determined that it was not appropriate to consider the abstract questions of law and medical science raised in four of the notices of motion before the full hearing of the appeal. Regarding the notice of motion seeking a stay of deregistration, the Court refused the order as a matter of discretion, finding no issue of principle that warranted granting the stay.

The Court of Appeal dismissed all five notices of motion filed by Dr Gorman, with costs.