Richard Francis Gorman v NSW Health Care Complaints Commission (HCCC)

[2012] HCASL 167

RICHARD FRANCIS GORMAN

v

NSW HEALTH CARE COMPLAINTS COMMISSION (HCCC)

[2012] HCASL 167
S248/2012

1. The applicant seeks special leave to appeal from orders of the Court of Appeal of the Supreme Court of New South Wales (Campbell and Hoeben JJA and Sackville AJA) made on 14 August 2012 dismissing certain notices of motion filed by the applicant, and dismissing the applicant's appeal from a decision of the Medical Tribunal of New South Wales made on 17 August 2011. 

2. In May and June 2011, the Medical Tribunal heard proceedings in relation to two notices of complaint lodged by the respondent against the applicant.  The notices of complaint concerned the applicant's particular medical philosophy involving the application of forceful spinal manipulation therapy, and alleged unsatisfactory professional conduct and professional misconduct by the applicant in his work as a general practitioner.  The Medical Tribunal handed down its decision on 17 August 2011.  It found that the applicant had engaged in unsatisfactory professional conduct and professional misconduct and was incompetent to practise medicine, and ordered that the applicant's name be removed from the Register of Medical Practitioners.

3. The applicant appealed from the Medical Tribunal's decision, and he later filed several notices of motion in the Court of Appeal.  On 9 December 2011, Macfarlan JA dismissed five notices of motion filed by the applicant.  On 14 August 2012, the Court of Appeal dismissed the applicant's motion seeking review of Macfarlan JA's decision, two further notices of motion filed by the applicant, and the applicant's appeal.  The Court of Appeal found that none of the applicant's grounds of appeal had been made out.

4. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

5. The applicant asserts that the decision of the Court of Appeal was "obtained by fraud" and that he was denied natural justice by the Medical Tribunal and the Court of Appeal.  The applicant's written submissions raise no arguable case of error in the Court of Appeal.  There is no reason to doubt the correctness of the decision of the Court of Appeal and an appeal to this Court would have no prospect of success.

6. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
5 December 2012 S.M. Crennan