Health Care Complaints Commission v Knowles [2020] NSWCATOD 119

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Knowles [2020] NSWCATOD 119 Hearing dates: 2, 3, 4 and 5 March 2020 Date of orders: 21 October 2020 Decision date: 21 October 2020 Jurisdiction: Occupational Division Before: Le Poer Trench ADCJ, Principal Member Decision: By Consent: The Respondent is to pay the costs of the Applicant in both proceeding numbers 2018/00246475 and 2019/00269860, as agreed. Catchwords: PROFESSIONS AND TRADES – health and professionals – medical practitioners – disciplinary proceedings –costs order made by consent Legislation Cited: Health Practitioner Regulation National Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: None cited Texts Cited: None cited Category: Costs Parties: Health Care Complaints Commission (Applicant) Phillip James Knowles (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Avant Law Pty Ltd (Respondent) File Number(s): 2018/00246475 2019/00269860

REASONS FOR DECISION BACKGROUND 1. On 20 July 2020 the Tribunal published reasons and made orders in two proceedings between these parties. The orders required a suspension of the respondent's registration until 16 April 2021, and then the respondent was to recommence his practice subject to the conditions imposed by the protective orders made. 2. Orders 7 and 8 made on 20 July 2020 are as follows: (7) The parties are to confer in relation to the Health Care Complaints Commission's application for costs and if an agreement is reached a minute of an agreed order is to be forwarded to the Registrar for referral to the Tribunal. In the event of no agreement as to costs being reached within 21 days from the date of this order, either party may apply for any cost order sought, provided any such application is made, in writing, to the Registrar and to the other party, on or before 28 August 2020, supported by a written submission. (8) Should a cost application be made pursuant to Order 7 hereof, then any response to same which is sought to be relied upon is to be provided to the Registrar and the other party, within 14 days of receipt of the application. 1. On 5 August 2020, by email addressed to the Registrar of NCAT (Occupational Division), Ms Emma Bayley, Legal Officer, Health Care Complaints Commission, advised that the parties had reached agreement in relation to the costs order which they seek the Tribunal to make. The terms of the agreement are stated as follows: "The respondent consents to the Tribunal making an order that the respondent pay the Commission's costs of both proceedings as agreed." 1. The email conveying the agreement included that it had also been sent to "Tony Mineo", who was the solicitor who had represented the respondent in the hearing before the Tribunal. 2. Clause 13 of Schedule 5D of the Health Practitioner Regulation National Law (NSW) provides that the Tribunal has power to make a costs order in a proceeding before it. 3. The resolution of the question of costs is a significant matter to take into account in making a costs order. The outcome of the proceedings also supports the making of the order agreed to. 4. As a consequence of the above, it is appropriate in all the circumstances to make the following order in relation to costs in this matter.