Res 1 v Medical Board of Queensland
[2008] QCA 186
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- Unreported Judgment
- Appeal Determined (QCA)
- Res 1 v Medical Board of Queensland[2008] QCA 186
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Res 1 v Medical Board of Queensland[2008] QCA 186
Res 1 v Medical Board of Queensland[2008] QCA 186
SUPREME COURT OF QUEENSLAND
PARTIES: | |
FILE NO/S: | Appeal No 11381 of 2007 D3186 of 2006 |
Court of Appeal | |
PROCEEDING: | General Civil Appeal – Further Order |
ORIGINATING COURT: | |
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 |
[1] 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).
[2] 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]
[3] 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).
[4] MUIR JA: I agree with the reasons of McMurdo P and with the order she proposes.
[5] DOUGLAS J: I agree.
Footnotes
[1] See Health Practitioners (Professional Standards) Act 1999 (Qld), s 6(a).