HCCC v Abou Hatoum

The Health Care Complaints Commission (the Commission) sought judicial review by way of certiorari of a finding made by the Medical Tribunal of New South Wales. The dispute concerned whether a medical practitioner, identified as the First Opponent, had discharged the onus of demonstrating that he had become a fit and proper person to practise medicine. The matter was heard by Spigelman CJ, Meagher and Handley JJA.

The primary legal issues before the appellate court were whether the Medical Tribunal had committed jurisdictional error, or alternatively, non-jurisdictional error on the face of the record, in its determination. The Commission contended that there was insufficient evidence before the Tribunal to support its finding.

The court dismissed the appeal, finding that no jurisdictional error had occurred. It reasoned that a submission alleging insufficient evidence to support a finding does not raise a point of law, and therefore cannot constitute jurisdictional error. Furthermore, the court distinguished the present case from *Health Care Complaints Commission v Litchfield* (1997) 41 NSWLR 630, holding that the Tribunal had not made the specific error of law identified in that precedent. Consequently, the appeal was dismissed with costs.