Mann v Medical Practitioners Board of Victoria

[2005] HCATrans 1000

[2005] HCATrans 1000

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M166 of 2004

B e t w e e n -

ARNOLD MANN

Applicant

and

THE MEDICAL PRACTITIONERS BOARD OF VICTORIA

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 14 DECEMBER 2005, AT 9.36 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant, Dr Mann, seeks special leave to appeal against the orders of the Court of Appeal of Victoria made on 27 August 2004 which, in their terms, ordered that “[t]he appeal be dismissed” and ordered Dr Mann to pay the respondent’s costs.  In the Court of Appeal Dr Mann had appealed against the orders of a single judge of the Supreme Court of Victoria (Osborn J).  Those orders, in effect, dismissed Dr Mann’s application for leave to institute, outside the time fixed by the rules of court, proceedings by way of judicial review of a decision of the respondent Board made on 3 October 1996.

The Court of Appeal held that the matter was one in which leave to appeal was required and that the decision of Osborn J was not shown to be wrong or attended with sufficient doubt to warrant a grant of leave.

There is no reason to doubt the correctness of the conclusions reached by the Court of Appeal.  The application for special leave should be dismissed with costs.

Pursuant to rule 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.  I publish that disposition.

AT 9.37 AM THE MATTER WAS CONCLUDED