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The inner workings of HDC - legal & evidential issues - Health and ...

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Case B – Judicial review<br />

• <strong>The</strong> surgeon challenged the decision on the<br />

grounds <strong>of</strong> bias, irrationality,<br />

unreasonableness, unfairness <strong>and</strong> breach <strong>of</strong><br />

statutory duty.<br />

• <strong>HDC</strong> submitted that the challenge ―was<br />

dressed in the clothes <strong>of</strong> judicial review‖ but<br />

was in substance an appeal against the<br />

Commissioner’s decision.<br />

• St<strong>and</strong>ard <strong>of</strong> review applied to decision?

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