Ankem v Medical Council of New South Wales [2020] NSWCATOD 120

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ankem v Medical Council of New South Wales [2020] NSWCATOD 120 Hearing dates: On papers after 20 October 2020 Date of orders: 28 October 2020 Decision date: 28 October 2020 Jurisdiction: Occupational Division Before: N Hennessy LCM, Deputy President Decision: 1. A hearing is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). 2. The application by the Medical Council of New South Wales for a summons to be issued is refused. Catchwords: PRACTICE AND PROCEDURE – issue of summons – where respondent to an external appeal has applied for a summons to be issued to the Commissioner of Police, NSW Police Force to produce documents – where appeal is from decision of the respondent – rights of respondent on appeal - whether any legitimate forensic purpose Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Building Professionals Board v Hans [2008] NSWADTAP 13 Health Care Complaints Commission v Dowla [2018] NSWCATOD 171 Texts Cited: BC Cairns, Australian Civil Procedure, 12th ed, LawBook Co 2020 Category: Procedural and other rulings Parties: Dr Kiran Ankem (Appellant) Medical Council of New South Wales (Respondent) Representation: Counsel: M Cobb-Clark (Appellant) A Petrie (Respondent)

Solicitors: Avant Law Pty Limited (Appellant) Medical Council of New South Wales (Respondent) File Number(s): 2020/00251221 Publication restriction: Disclosure of the name of Dr Ankem's former partner is prohibited under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW).