Practice and Procedure

R V DENTAL PRACTICE BOARD, EX PARTE (1) PAUL HENDRIK ZIETSMAN (2) MARIUS SCHMULIAN (2000)

PUBLISHED December 13, 2000
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A decision of the Dental Practice Board to defer determination of claims for payment submitted by orthodontists suspected of fraud amounted to suspending them from practice in a manner which was inconsistent with the intention of the legislature. Where it was practicable to determine a claim there was a duty to do so and, in making a block decision in respect of all claims whatever their category and failing thereafter to reconsider and review that decision in light of any changes in circumstances, the Board had acted irrationally.

QBD (Admin) (Jack Beatson QC)

13/12/2000

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