Jan v Health Care Complaints Commission [2021] NSWSC 350

Supreme Court New South Wales

Medium Neutral Citation: Jan v Health Care Complaints Commission [2021] NSWSC 350 Hearing dates: 26 March 2021 Decision date: 08 April 2021 Jurisdiction: Common Law Before: Leeming JA Decision: 1. Grant leave to appeal in respect of grounds 9-13 of the amended summons dated 7 October 2020. 2. Appeal allowed. 3. Dispense with the requirement of filing and serving a notice of appeal. 4. Set aside the orders made by NCAT on 2 July 2020. 5. Remit the proceeding to NCAT for determination in accordance with law. 6. No order as to the costs of the proceedings in this Court, with the intention that each party bear his and its own costs. Catchwords: PROFESSIONS AND TRADES – dentist's application for reinstatement to register – application dismissed by NCAT – whether grounds of appeal were confined to questions of law – whether tribunal erred in not being satisfied appellant was fit and proper person – whether tribunal had power to impose conditions upon appellant's registration – whether tribunal failed to consider whether risk of reoffending could be addressed by imposing conditions Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Sch 5 Pt 6 s 29, s 13 Health Practitioner Regulation (Adoption of National Law) Act 2009 (NSW), s 4, Sch 1 Health Practitioner Regulation National Law 2009 (NSW), ss 3A, 52, 55, 116, 163, 163A, 163B, 163C, 165A, 165B Uniform Civil Procedure Rules 2005 (NSW) r 36.16 Cases Cited: Dawson v Law Society of New South Wales [1989] NSWCA 58 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088 Ex parte Lenehan (1948) 77 CLR 403; [1948] HCA 45 Hatziandoniou v Ruddy (No 2) [2015] NSWCA 277 Health Care Complaints Commission v Jangodaz [2016] NSWCATOD 71 Jan v Health Care Complaints Commission [2020] NSWCATOD 75 Kirby v Dental Council of NSW [2020] NSWCA 91 Lee v Lee (2019) 266 CLR 129; [2019] HCA 28 Ng v Health Care Complaints Commission [2018] NSWCATOD 105 Ng v Health Care Complaints Commission) (No 2) [2018] NSWCATOD 126 Prothonotary of the Supreme Court of New South Wales v Thomson [2018] NSWCA 230 Torbey Investments Corporated Pty Ltd v Ferrara [2017] NSWCA 9 Wang v State of New South Wales [2019] NSWCA 263 Workers Compensation Nominal Insurer v Hill [2020] NSWCA 54 Category: Principal judgment Parties: Rey Jan (Plaintiff) Health Care Complaints Commission (Defendant) Representation: Counsel: A Hourigan (Plaintiff) A Britt (Defendant)