Sutherland v Medical Council of NSW [2020] NSWCATOD 97

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sutherland v Medical Council of NSW [2020] NSWCATOD 97 Hearing dates: 21 August 2020 Date of orders: 28 August 2020 Decision date: 28 August 2020 Jurisdiction: Occupational Division Before: Hennessy N ADCJ, Deputy President Decision: (1) The application for a stay of the decision by the Medical Council of NSW to suspend Dr Sutherland's registration as a registered health practitioner is refused. (2) Dr Sutherland is to pay the costs of the Medical Council of NSW as agreed or, failing agreement, as assessed under the Legal Profession Uniform Law Act 2014 (NSW). (3) Pursuant to Schedule 5D clause 7 of the Health Practitioner Regulation National Law (NSW), publication or disclosure of the name or address of any patient of Dr Sutherland is prohibited. Catchwords: PROFESSIONS AND TRADES – application for stay of decision by Medical Council of NSW to suspend practitioner's registration pending hearing of an appeal – power of Tribunal to impose conditions on registration or accept an undertaking to consent to conditions – strength of appeal on legal unreasonableness ground – balance of convenience Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: BHL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 94 Medical Council of New South Wales v Lee [2017] NSWCA 282 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Segal v Medical Council of New South Wales [2020] NSWCATOD 86 Texts Cited: None cited Category: Procedural and other rulings Parties: Dr Philip Sutherland (Appellant) Medical Council of NSW (Respondent) Representation: Counsel: M Hutchings (Appellant) K Lindeman (Respondent)