Tsigounis v Medical Board of Queensland {B29-06)

[2007] HCATrans 234

[2007] HCATrans 234

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B29 of 2006

B e t w e e n -

HELEN TSIGOUNIS

Applicant

and

MEDICAL BOARD OF QUEENSLAND

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 24 MAY 2007 AT 9.16 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant seeks special leave to appeal to this Court against orders made by the Court of Appeal of Queensland on 15 August 2006.  By those orders that Court (Williams and Keane JJA and Dutney J) refused the applicant leave to appeal against certain orders made in the District Court of Queensland in an appeal to that Court from a decision of the present respondent, the Medical Board of Queensland, made on 23 March 2004, to cancel the conditional registration of the applicant as a medical practitioner.  The District Court ordered that the Board's decision that the applicant "has not satisfactorily completed her internship" was confirmed and directed the Board "to extend [her] probationary conditions for a period of 1 year by requiring her to undertake all of the prescribed internship".

The Court of Appeal refused leave to appeal against this order on the basis (among others) that it could not grant the relief which the applicant sought because her registration as a medical practitioner had expired on 1 October 2004 and, conformably with the Medical Practitioners Registration Act 2001 (Qld), could not be restored without the applicant making a fresh application for registration.

Because the applicant is unrepresented, this application falls to be dealt with under r 41.10 of the High Court Rules 2004.

There is no reason to doubt the correctness of the conclusion of the Court of Appeal.  It is not in the interests of justice generally, or in this particular case, that there be a grant of special leave.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish that disposition.

AT 9.17 AM THE MATTER WAS CONCLUDED