Morsingh v Health Care Complaints Commission

The appeal concerned a medical practitioner, Dr Morsingh, whose registration was cancelled by the Civil and Administrative Tribunal of New South Wales (NCAT) following findings of professional misconduct. The misconduct involved breaching a patient's sexual boundaries during a consultation, where the practitioner used the consultation to indulge his own social and sexual inclinations. Dr Morsingh sought to appeal NCAT's decision to the Court of Appeal, with the appeal being restricted to questions of law.

The primary legal issues before the Court of Appeal were whether NCAT had erred in accepting the complainant's evidence, whether the disciplinary order for cancellation of registration was unreasonably severe, and whether a lesser order would have adequately served the public interest. The applicant also contended that NCAT failed to consider or give sufficient weight to relevant evidence.

The Court of Appeal found that the applicant had not identified any question of law with substance to support his challenges against the factual findings made by NCAT. Consequently, the court dismissed the summons seeking leave to appeal the initial decision of NCAT. However, the court granted leave to appeal a subsequent decision of NCAT concerning the specific legislative provision under which the disciplinary order was made. The court varied that order by correcting a reference to a section of the relevant Act, but otherwise dismissed the appeal, ordering the applicant to pay the respondent's costs.