Chatoor v Health Care Complaints Commission of NSW [2020] NSWCA 111

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Chatoor v Health Care Complaints Commission of NSW [2020] NSWCA 111 Hearing dates: 23 April 2020 Date of orders: 16 June 2020 Decision date: 16 June 2020 Before: Bell P at [1]; Macfarlan JA at [2]; Emmett AJA at [64] Decision: (1) Grant leave to Dr Chatoor to challenge the Tribunal decision of 23 August 2019 on the grounds set out in his notice of appeal. (2) Appeal allowed. (3) Set aside orders (1) and (2) made on 23 August 2019. (4) Caution Dr Chatoor in relation to his conduct the subject of the complaint in Particular 2(k) of the respondent's Amended Complaint. (5) Order the respondent to pay 75% of Dr Chatoor's costs of the appeal to this Court. (6) Order the respondent to pay 75% of Dr Chatoor's costs of the proceedings below. Catchwords: HEALTH – medical professionals – disciplinary proceedings – whether the Tribunal failed to apply the statutory test for unsatisfactory professional conduct – Health Practitioner Regulation National Law (NSW) s 139B(1)(a) – whether the Tribunal failed to have proper regard to the expert evidence before it Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Gray v Geoff Groom Building Pty Ltd [2019] NSWSC 1081 Category: Principal judgment Parties: Roger Chatoor (Appellant) Health Care Complaints Commission of NSW (Respondent) Representation: Counsel: Mr S Kalfas SC (Appellant) Ms A Petrie (Respondent)