Pharmacy Council of NSW v Ibrahim [2020] NSWSC 708

Supreme Court New South Wales

Medium Neutral Citation: Pharmacy Council of NSW v Ibrahim [2020] NSWSC 708 Hearing dates: 26 March 2020 Date of orders: 09 June 2020 Decision date: 09 June 2020 Jurisdiction: Common Law - Administrative Law Before: Harrison AsJ Decision: The Court orders that:

(1) The decision of the Tribunal dated 12 December 2019 is set aside.

(2) The proceedings are remitted to NCAT, differently constituted, to be determined according to law.

(3) There is no order as to costs. Catchwords: APPEAL – NSW Civil and Administrative Tribunal – Health Practitioner Regulation National Law 2009 (NSW) – Suspension or conditions of registration order – Whether the Tribunal erred in its application of the second "limb" in s 150 – Appeal allowed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Sch 5, cl 29(2) Crimes Act 1900 (NSW), ss 61I, 61KC Health Practitioner Regulation National Law 2009 (NSW), ss 3, 3A, 150, 159 Medical Practice Act 1992 (NSW), s 66 Cases Cited: Berger v Council of the Law Society of New South Wales [2013] NSWCA 336 Bernadt v Medical Board of Australia [2012] WASAT 185 Clarke v Nursing and Midwifery Council [2017] NSWCATOD 163 Comalco Aluminium (Bell Bay) Ltd v O'Connor (1995) 131 ALR 657 Crickitt v Medical Council of NSW (No 2) [2015] NSWCATOD 115 Director of Public Prosecutions v Smith (1991) 1 VR 63 Hanna v Medical Board of NSW [2017] NSWCATOD 27 Ibrahim v Pharmacy Council of NSW [2019] NSWCATOD 187 Kirby v Dental Council of New South Wales [2018] NSWSC 1869 Lindsay v NSW Medical Board [2008] NSWSC 40 Lindsay v NSW Medical Board [2008] NSWSC 40 McKinnon v Secretary, Department of Treasury [2005] FCAFC 142; (2005) 145 FCR 70 R v Medical Board of Australia [2013] WASAT 28 Category: Principal judgment Parties: Pharmacy Council of NSW (Plaintiff) Hany Samir Ibrahim (Defendant) Representation: Counsel: K Richardson SC with M Hall (Plaintiff)