Lim v Medical Council of New Zealand

[2016] NZHC 908

NO PERSON SHALL HAVE ACCESS TO THE COURT FILE (OTHER THAN THIS JUDGMENT) WITHOUT THE LEAVE OF A JUDGE OF THIS COURT.  THE ORDER SHALL NOT APPLY TO COUNSEL OR THE SOLICITORS FOR THE PARTIES; DR LIM; AND ANY DULY AUTHORISED REPRESENTATIVE OF THE MEDICAL COUNCIL OF NEW ZEALAND

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2016-485-124 [2016] NZHC 908

IN THE MATTER

of an appeal against a decision of the

District Court

UNDER

Section 113 of the Health Practitioners
Competence Assurance Act 2003

BETWEEN

DAVID KANG HUAT LIM Applicant

AND

MEDICAL COUNCIL OF NEW ZEALAND

Respondent

On the Papers
Appearances:	H Waalkens QC for Applicant/Appellant D La Hood and A Garrick for Respondent
Judgment:	5 May 2016

SUPPLEMENTARY JUDGMENT OF TOOGOOD J

This judgment was delivered by me on 5 May 2016 at 4:00 pm

Pursuant to Rule 11.5 High Court Rules

Registrar/Deputy Registrar

Lim v Medical Council of New Zealand [2016] NZHC 908 [5 May 2016]

[1]      On 22 March 2016 I gave judgment refusing the applicant, Dr Lim, leave to appeal against a decision of the Medical Council of New Zealand, ordering interim suspension of Dr Lim’s practicing certificate (‘the re-issued judgment’).1

[2]      At the hearing I made an interim Order for suppression of publication of Dr Lim’s name and continued that order in the re-issued judgment until the further order of the Court.

[3]      I said that in the ordinary course of events I would not consider there to be any basis to suppress Dr Lim’s name from publication in the context of this proceeding and noted that Mr Waalkens QC, Dr Lim’s counsel, properly conceded that view.  I  noted also, however, that it was agreed that name suppression should be determined by the District Court in the context of the criminal proceedings against Dr Lim.

[4]      I have received a consent memorandum signed by Mr Waalkens QC and Mr La  Hood,  representing  the  Medical  Council,  informing  me  that  Dr Lim  has abandoned his appeal against the refusal of the District Court to continue interim name suppression pending his trial.  Counsel request revocation of the suppression order in this proceeding.

[5]      By consent, therefore, I revoke the non-publication order at [53] of the re- issued  judgment,  with  the  result  that  there  is  no  prohibition  on  publication  of Dr Lim’s name and any particulars which might identify him.

[6]      To avoid any doubt, I confirm that the order at [50] of the re-issued judgment, restricting access to the Court file without the leave of a Judge of the Court, remains in force.

…………………………

Toogood J

1      Lim v Medical Council of New Zealand [2016] NZHC 485.