Res 1 v Medical Board of Queensland Summary

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

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).

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).

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).

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

DOUGLAS J: I agree.

CaseChat Overview and Summary

In this case, Res 1, the appellant, brought an appeal against a decision made by the Medical Board of Queensland, the respondent, in the Queensland Court of Appeal. The dispute centred around the issuance of an indemnity certificate by the Medical Board under section 15(1) of the Appeal Costs Fund Act 1973 (Qld). The appellant argued that the tribunal had made an error of law in its decision-making process, leading to the appeal. The Medical Board, in response, applied for an indemnity certificate to cover its costs associated with the appeal.

The primary legal issue before the Court of Appeal was whether the Medical Board was entitled to an indemnity certificate under the relevant provisions of the Appeal Costs Fund Act 1973 (Qld). The Court had to consider the criteria set out in the Act and determine if the Medical Board had met the necessary conditions for the certificate. This involved examining the nature of the error of law and assessing whether the tribunal's decision was so flawed that it warranted the reimbursement of the Medical Board's costs.

The Court of Appeal found that the tribunal had indeed made an error of law in its decision-making process. Given this determination, the Court considered the application for an indemnity certificate by the Medical Board. The Court concluded that, based on the error of law identified, the Medical Board was eligible for the indemnity certificate as per the provisions of the Appeal Costs Fund Act 1973 (Qld). Consequently, the Court granted the Medical Board's application for the indemnity certificate, enabling it to recover its costs related to the appeal.

The final orders of the Court of Appeal included the allowance of the appeal on the basis of the tribunal's error of law and the granting of the Medical Board's application for an indemnity certificate under section 15(1) of the Appeal Costs Fund Act 1973 (Qld). This outcome provided the Medical Board with the reimbursement of its appeal costs, while also setting a precedent for similar cases involving errors of law in tribunal decisions.

Res 1 v Medical Board of Queensland

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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