Health Care Complaints Commission v Chatoor [2021] NSWCATOD 16

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Chatoor [2021] NSWCATOD 16 Hearing dates: 13 and 14 May 2020 Date of orders: 08 February 2021 Decision date: 08 February 2021 Jurisdiction: Occupational Division Before: Le Poer Trench ADCJ, Principal Member Associate Professor I Rewell, Senior Member Dr P Russell, Senior Member J Barker, General Member Decision: (1) The appeal filed by Dr Chatoor on 28 January 2020 against the decision of the Professional Standards Committee made 7 January 2020 is allowed and the Complaint filed by the HCCC against Dr Chatoor on 15 March 2018 is dismissed. (2) The Cross-Appeal by the HCCC filed on 3 February 2020 against the decision of the Professional Standards Committee made 7 January 2020 is dismissed. (3) The parties are to confer in relation to any costs application which either may seek to pursue arising from the Tribunal's decision in this matter. 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 a cost order, provided any such application is made, in writing, to the Registrar and to the other party, on or before six weeks from the date of this order, supported by a written submission. (4) Should a cost application be made pursuant to Order 3 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. Catchwords: PROFESSIONS AND TRADES – health and professionals – medical practitioners – disciplinary proceedings Legislation Cited: Health Practitioner Regulation National Law (NSW) Medical Practice Act 1992 (NSW) (repealed) Cases Cited: Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Ex parte Meehan; Re Medical Practitioners Act [1965] NSWLR 30 Health Care Complaints Commission v Meneghetti [2020] NSWCATOD 39 Lucire v Health Care Complaints Commission [2011] NSWCA 99 Project Blue Sky v Australian Broadcasting Authority(1998) 194 CLR 35 Texts Cited: Nil Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Roger Chatoor (Respondent) Representation: Counsel: A Petrie (Applicant) S D Kalfas SC (Respondent)