Z v Dental Complaints Assessment Committee - SC 22/2007
Media releases
Summary
Civil – Whether the Court of Appeal erred when it concluded that in dental disciplinary proceedings, where the subject of the charge amounts to an allegation of a criminal offence, the civil standard of proof should be applied – whether the Court of Appeal erred by concluding that where the charge is a serious one there is no real distinction between the civil and criminal standards of proof – whether the Court of Appeal erred in concluding that it would not be an abuse of process for the appellant to face a disciplinary charge which repeats the criminal allegations for which he was acquitted. CA 231/05 22 March 2007
Result
Application for leave to appeal granted
22 June 2007
______________________
The appeal is allowed to the extent that the allegation of professional misconduct in 1987 is not to form part of the charge heard by the Tribunal.
In all other respects the appeal is dismissed.
The appellant is to pay costs to the respondent of $10,000, together with reasonable disbursements to be fixed if necessary by the Registrar.
25 July 2008
22 June 2007
______________________
The appeal is allowed to the extent that the allegation of professional misconduct in 1987 is not to form part of the charge heard by the Tribunal.
In all other respects the appeal is dismissed.
The appellant is to pay costs to the respondent of $10,000, together with reasonable disbursements to be fixed if necessary by the Registrar.
25 July 2008
Related Documents
Leave judgment - leave granted — Z v A COMPLAINTS ASSESSMENT COMMITTEE SC 22/2007 [22 June 2007]
Substantive judgment — Z v DENTAL COMPLAINTS ASSESSMENT COMMITTEE SC 22/2007 [25 July 2008] (PDF 213 KB)
Additional Information
Z V COMPLAINTS ASSESSMENT COMMITTEE AND ANOR CA CA231/05 22 March 2007