Holt v Dental Council of New South Wales [2020] NSWCATOD 62

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Holt v Dental Council of New South Wales [2020] NSWCATOD 62 Hearing dates: 23 April 2020, 27 April 2020 (submissions) Date of orders: 26 June 2020 Decision date: 26 June 2020 Jurisdiction: Occupational Division Before: The Hon F Marks, Principal Member Decision: (1) The appeal is allowed (2) The order made by the delegates on 10 February 2020 is set aside. (3) Costs are reserved with liberty to apply which must be exercised within one month of this date. Catchwords: PROFESSIONS AND TRADES-dental surgeon conducting courses for dentists for cosmetic procedures – complaint that practitioner practising outside the area of dental practice-registration as a dental practitioner suspended after conduct of hearing by Dental Council-appeal on points of law-principles of legal unreasonableness-conclusions of delegates expressed in tentative terms – held delegates failed to comply with legal reasonableness and procedural fairness – decision set aside – costs reserved. Legislation Cited: Health Practitioner Regulation National Law (NSW), ss 41J, 41O, 139F, 145B, 150, 159B, 159C Medical Practice Act, 1992, s66 Cases Cited: Holt v Dental Council of New South Wales [2020] NSWCATOD 37 Pharmacy Council of NSW v Ibrahim [2020] NSWSC 708 Ebner v Official Trustee in Bankruptcy [2000] HCA 63 Woolcock v Medical Board [2009] NSWMT 3 Lindsay v NSW Medical Board [2008] NSWSC 40 Kirby v Dental Council of NSW [2018] NSWSC1869 Kirby v Dental Council of NSW [2020] NSWCA 91 lsbester v Knox City Council [2015] HCA 20 Minister for Immigration and Citizenship v Li [2013] HCA 18 Minister for Immigration and Border Protection v Eden [2016] FCAFC 28 Minister for Immigration & Ethnic Affairs v Wu Shan Liang [1996] HCA 6 Minister for Immigration and Border Protection v SZMTA; CQZ15 v Minister for Immigration and Border Protection; BEG15 v Minister for Immigration and Border Protection [2019] HCA 3 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 Texts Cited: None cited Category: Principal judgment Parties: Myles Edward Holt (Appellant) Dental Council of NSW (Respondent) Representation: Counsel: A Morris QC and B Wright (Appellant) A Horvath and D Forrester (Respondent)