Gorman v NSW Health Care Complaints Commission

The appeal before the Court of Appeal of New South Wales concerned a medical practitioner, Dr. Gorman, who sought to appeal a decision of the Medical Tribunal of NSW. The Tribunal had previously cancelled Dr. Gorman's registration under the *Health Practitioners Regulation National Law Act 2009*, following earlier de-registration under the *Medical Practice Act 1992*. The appeal was brought on the basis that there was a point of law arising from the Tribunal's decision.

The primary legal issue before the Court of Appeal was whether any point of law arose from the Medical Tribunal's decision that would permit an appeal. This involved a review of the dismissal of several motions filed by Dr. Gorman, including an appeal motion and motions seeking to introduce new information or evidence. The Court was required to determine if these motions were rightly dismissed and, consequently, if the appeal itself had any legal merit.

The Court of Appeal found that no point of law arose on the appeal. Consequently, the various notices of motion filed by the appellant, including the appeal motion and motions relating to new information and evidence, were dismissed. The Court reasoned that the grounds of appeal did not disclose a question of law, and therefore, the appeal could not succeed.

The appeal was dismissed, and Dr. Gorman was ordered to pay the respondent's costs of the motions argued and the appeal.