Segal v Medical Council of New South Wales [2020] NSWCATOD 86

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Segal v Medical Council of New South Wales [2020] NSWCATOD 86 Hearing dates: 17 July 2020 and 24 July 2020 Date of orders: 30 July 2020 Decision date: 30 July 2020 Jurisdiction: Occupational Division Before: Boland AM ADCJ, Deputy President Decision: (1) Application for a Stay is refused. (2) The costs of the Stay Application are reserved. (3) It is noted that on 24 July 2020 the appeals by Dr Shaun Segal under s 159 and s 159B of the Health Practitioner Regulation National Law were expedited. Catchwords: HEALTH – professional registration and discipline – complaints – medical practitioner – where delegates ordered suspension of practitioner – application for a stay of suspension pending hearing of an appeal under s 159B of the Health Practitioner Regulation National Law Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Medical Practice Act 1992 (NSW) (repealed) Cases Cited: Ghosh v Medical Council of New South Wales [2020] NSWCA 122 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Hill v Medical Council of NSW [2019] NSWCATOD 52 House v The King (1936) 55 CLR 499; [1936] HCA 40 Kirby v Dental Council of NSW [2020] NSWCA 91 Legal Services Commissioner v Barker [2005] QCA 482 Liu v Chinese Medical Council of NSW [2019] NSWCATOD 13 Medical Council of New South Wales v Lee [2017] NSWCA 282 Minister for Immigration and Border Protection v Eden [2016] FCAFC 28 New South Wales Bar Association v Stevens [2003] NSWCA 95 Pharmacy Council of NSW v Ibrahim [2020] NSWSC 708 QSuper Board v Australian Financial Complaints Authority Limited [2020] FCAFC 55 Robb v Law Society of the Australian Capital Territory (Federal Court of Australia, 21 June 1996, unreported) Steel v Medical Council of New South Wales [2020] NSWCATOD 77 Taylor v Medical Board of Australia [2018] NSWCATOD 50 Windsor v Health Care Complaints Commission [2020] NSWCA 110 Texts Cited: Nil Category: Procedural and other rulings Parties: Dr Shaun Segal (Applicant) Medical Council of New South Wales (Respondent) Representation: Counsel: P Griffin SC with Dr P Dwyer (Applicant) D Forrester (Respondent)