Kirby v Health Care Complaints Commission [2020] NSWSC 1207

Supreme Court New South Wales

Medium Neutral Citation: Kirby v Health Care Complaints Commission [2020] NSWSC 1207 Hearing dates: 13 December 2019 Date of orders: 7 September 2020 Decision date: 07 September 2020 Jurisdiction: Common Law Before: Harrison AsJ Decision: THE COURT ORDERS THAT: (1) The amended summons filed 2 May 2019 is dismissed. (2) Costs are reserved. Catchwords: ADMINISTRATIVE LAW – Judicial review – Health Care Complaints Act 1993 (NSW) s 90B – Whether NCAT had jurisdiction to hear disciplinary proceedings against the plaintiff – Whether NCAT is a "disciplinary body" under s 4 – Application dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 3, 7, 16, 17 Health Care Complaints Act 1993 (NSW), ss 3, 3A, 4, 80, 90B Interpretation Act 1987 (NSW), s 33 Health Practitioner National Regulation Law (NSW) No 86a, ss 4, 139e, 145C, 145O, 149A, 149C, 165B Supreme Court Act 1970 (NSW), s 69 Cases Cited: Davis v City North Infrastructure Pty Ltd [2012] 2 Qd R 103 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362 Category: Principal judgment Parties: David William Kirby (Plaintiff) Health Care Complaints Commission (Defendant) Representation: Counsel: J Sheller SC with D Tang (Plaintiff) P Lowson (Defendant)