EFQ v Medical Council of NSW [2020] NSWCATOD 135

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EFQ v Medical Council of NSW [2020] NSWCATOD 135 Hearing dates: 20 February 2020 Date of orders: 26 November 2020 Decision date: 26 November 2020 Jurisdiction: Occupational Division Before: Le Poer Trench ACDJ, Principal Member Decision: (1) The Appellant is refused leave to file/make an appeal against the order of the Medical Council made 24 October 2018 which imposed conditions upon her registration as a medical practitioner. (2) The Appellant is to pay the costs of the Medical Council thrown away by the change, on the first day of the hearing (20 February 2020), in the nature of the appeal which the Appellant would conduct should she be granted leave. (3) The Appellant is to pay the costs of the Medical Council in relation to this hearing. (4) The name of the Appellant be shown in all reporting of this decision as EFQ, the pseudonym allocated to the practitioner by the Tribunal. (5) The name of any patient referred in the evidence in this proceeding not be published. Catchwords: PROFESSIONS AND TRADES – health and professionals – medical practitioners – disciplinary proceedings –Appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Court Suppression and Non-publication Orders Act 2010 Health Practitioner Regulation National Law (NSW) Medical Practice Act 1992 (NSW) (repealed) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Ameisen v Medical Council of NSW [2015] NSWCATOD 49 Australian Securities and Investments Commission v DJL and The Central Authority [2000] HCA 17 Edensor Nominees Property Ltd (2001) 204 CLR 559 Fryer v HCCC [2015] NSWCATOD 177 Ghosh v Medical Council of NSW [2020] NSWCA 122 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Health Care Complaints Commission v Quan (Publication Application) [2019] NSWCATOD 160 Health Care Complaints Commission v Reid (Publication Application) [2019] NSWCATOD 31 House v The King [1936] HCA 40; 55 CLR 499 Lindsay v NSW Medical Board [2008] NSWSC 40 Reinhart v Welker (2011) NSWLR 311 Ristevski v Medical Council of NSW [2016] NSWCATOD 18 Steel v Medical Council of NSW [2020] NSWCATOD 77 Texts Cited: Nil Category: Principal judgment Parties: EFQ (Appellant) Medical Council of NSW (Respondent) Representation: Counsel: P King (Appellant) A Stafford (Respondent)