Saville v Health Care Complaints Commission

The appeal concerned Dr Saville's challenge to decisions made by the Medical Tribunal of New South Wales. Dr Saville had initially been subject to proceedings before a Professional Standards Committee, which had made certain findings. Dr Saville then appealed to the Medical Tribunal. The Tribunal, however, refused to make orders by consent, which Dr Saville sought. This refusal led to Dr Saville’s subsequent appeal to the Court of Appeal.

The Court of Appeal was required to determine whether a right of appeal existed under section 90 of the *Medical Practice Act 1992* (NSW) from the Medical Tribunal's refusal to make consent orders. It also considered whether, in the alternative, relief should be sought by way of a summons under section 69 of the *Supreme Court Act 1970* (NSW). Further questions arose regarding whether the Tribunal had prejudged the matter, thereby denying procedural fairness, and whether it had taken into account irrelevant considerations or failed to take into account relevant considerations, as well as whether it had provided adequate reasons for its decision.

The Court of Appeal held that the appeal brought pursuant to section 90 of the *Medical Practice Act* was incompetent, as the Tribunal's refusal to make consent orders did not constitute a final order or judgment from which an appeal lay under that section. Consequently, the summons for relief under section 69 of the *Supreme Court Act* was also dismissed. The Court ordered Dr Saville to pay the costs of the proceedings, with the Medical Tribunal's costs to be on a submitting basis.