Res 1 v Medical Board of Queensland

[2008] QCA 186

SUPREME COURT OF QUEENSLAND

CITATION:

Res 1 v Medical Board of Queensland [2008] QCA 186

PARTIES:

RES 1
(registrant/appellant)
v
MEDICAL BOARD OF QUEENSLAND
(registrant’s board/respondent)

FILE NO/S:

Appeal No 11183 of 2007
Appeal No 11381 of 2007
D3186 of 2006

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal – Further Order

ORIGINATING COURT:

Health Practitioners Tribunal at Brisbane 

DELIVERED ON:

Judgment delivered 13 June 2008
Further Order delivered 11 July 2008

DELIVERED AT:

Brisbane

HEARING DATE:

Heard on the papers

JUDGES:

McMurdo P, Muir JA and Douglas J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

FURTHER ORDER:

The respondent is granted an indemnity certificate under s 15(1) Appeal Costs Fund Act 1973 (Qld)

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – APPEAL COSTS FUND – POWER TO GRANT INDEMNITY CERTIFICATE – WHEN GRANTED – Court of Appeal allowed appeal on basis that the tribunal made an error of law – respondent Medical Board applied for indemnity certificate under s 15(1) Appeal Costs Fund Act 1973 (Qld) – whether indemnity certificate should be granted

Appeal Costs Fund Act 1973 (Qld), s 15(1)

COUNSEL:

No appearance for the appellant, no submissions made
No appearance for the respondent

SOLICITORS:

No appearance for the appellant, no submissions made
Minter Ellison for the respondent

1. McMURDO P:  On 13 June 2008, this Court delivered its reasons for and made orders allowing the appellant's appeal from a decision of the Health Practitioners Tribunal: see Res 1 v Medical Board of Queensland [2008] QCA 152. The respondent, the Medical Board of Queensland, now applies for an indemnity certificate under the Appeal Costs Fund Act 1973 (Qld).

1. Section 15(1) of that Act gives this Court a wide discretion to grant a respondent an indemnity certificate where the appeal succeeds on a question of law. That condition has been met in this case. The errors of law made by the Health Practitioners Tribunal were not encouraged by the conduct of the respondent. The respondent carries out an important public duty under the Health Practitioners (Professional Standards) Act 1999 (Qld), namely, to protect the public by ensuring health care is delivered by registrants in a professional, safe and competent way.[1] 

   [1]See Health Practitioners (Professional Standards) Act 1999 (Qld), s 6(a).

1. The circumstances of this case warrant this Court's exercise of discretion under s 15(1) in granting the respondent an indemnity certificate.

Order:

The respondent is granted an indemnity certificate under s 15(1) Appeal Costs Fund Act 1973 (Qld).

1. MUIR JA:  I agree with the reasons of McMurdo P and with the order she proposes.

1. DOUGLAS J:  I agree.