Gautam v Health Care Complaints Commission (No 1) [2021] NSWCA 1

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gautam v Health Care Complaints Commission (No 1) [2021] NSWCA 1 Hearing dates: 13 January 2021 Decision date: 13 January 2021 Before: Basten JA Decision: 1. Stay order 2 made by the Civil and Administrative Tribunal in relation to the practitioner on 15 December 2020 so that the suspension of three months does not commence until the determination of the appeal pending in this Court. 2. Direct that the parties liaise for the purpose of ensuring that the appeal is able to be listed and determined expeditiously and in that respect I note that I would expect it to be heard in the month of March. 3. Grant leave to either party on three days' notice to have the matter relisted before this Court for further directions in the event that any delay is anticipated. 4. Direct that the costs of the motion be costs in the appeal. Catchwords: PRACTICE AND PROCEDURE – appeal – stay – medical practitioner – finding of professional misconduct – order suspending registration – period of suspension likely to expire before appeal determined – appeal reasonably arguable – misconduct involved single incident three years before order made – order the suspension not commence for 30 days – no evidence of immediate risk to patients or parents Category: Procedural and other rulings Parties: Bijender Kumar Gautam (Applicant) Health Care Complaints Commission ( Representation: Counsel: Mr M Hutchings (Applicant) Mr I Chatterjee (Respondent)

Solicitors: Meridian Lawyers (Applicant) Health Care Complaints Commission (Respondent) File Number(s): 2021/2455 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Occupational Division Citation: [2020] NSWCATOD 146 Date of Decision: 15 December 2020 Before: Balla ADCJ, Dr J Gillis, Dr H Haikal-Mukhtar, J Houen File Number(s): 2019/265620