Brennan v Medical Council of NSW [2020] NSWCATOD 137

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Brennan v Medical Council of NSW [2020] NSWCATOD 137 Hearing dates: On the papers Date of orders: 27 November 2020 Decision date: 27 November 2020 Jurisdiction: Occupational Division Before: Le Poer Trench ACDJ, Principal Member Decision: (1) The application of Dr Brennan to suppress the reporting of the Health Conditions attached to his registration, is refused. (2) Dr Brennan is to pay one half of the costs of the Medical Council of the proceeding relating to his application for reinstatement, such application having been determined on 4 September 2020. (3) Dr Brennan is to pay the costs of the Medical Council in opposing his application for the suppression order. (4) Dr Brennan is to pay one half of the costs of the Medical Council in relation to their cost application. (5) In relation to each cost order the amount of such orders is to be as agreed or failing agreement, as assessed. Catchwords: PROFESSIONS AND TRADES – health and professionals – medical practitioners – disciplinary proceedings – Non publication of Health Conditions – Costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Court Suppression and Non-publication Orders Act 2010 (NSW) Health Practitioner Regulation National Law (NSW) Medical Practice Act 1992 (NSW) (repealed) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Ameisen v Medical Council of New South Wales [2015] NSWCATOD 49 Brennan v Medical Council of NSW [2020] NSWCATOD 100 Donnelly v HCCC [2014] NSWCATOD 155 Haber v Health Care Complaints Commission [2018] NSWCATOD 16 HCCC v Do [2014] NSWCA 307 Health Care Complaints Commission v Brennan (No. 2) [2018] NSWCATOD 51 Health Care Complaints Commission v Dr A [2012] NSWMT 10 Health Care Complaints Commission v Ede [2019] NSWCATOD 184 Health Care Complaints Commission v Gow (NSWMT unreported 21 October 2008) Health Care Complaints Commission v Quan (Publication Application) [2019] NSWCATOD 160 Health Care Complaints Commission v Reid (Publication Application) [2019] NSWCATOD 31 Health Care Complaints Commission v Vo [2014] NSWCATOD 127 Reinhart v Welker (2011) NSWLR 311 Texts Cited: Nil Category: Procedural and other rulings Parties: Keith Ian Brennan (Applicant) Medical Council of NSW (Respondent) Representation: Counsel: T Hackett (Applicant) L Fernandez (Respondent)