Health Care Complaints Commission v Al-Mozany [2021] NSWCATOD 51

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Al-Mozany [2021] NSWCATOD 51 Hearing dates: 26 March 2021 Date of orders: 30 April 2021 Decision date: 30 April 2021 Jurisdiction: Occupational Division Before: The Hon J Boland AM, Deputy President Decision: (1) That on or before 5 May 2021 the Health Care Complaints Commission provide to Dr Saad Abdul-Hassan Al-Mozany (the practitioner) a copy of all relevant DICOM data and any USB provided by Gentle Dental Care. (2) That both parties may have access to Invisalign material produced by Aligntech Pty Ltd in respect of Patients D, K and N in the practitioner's appeal proceedings (proceedings 2018/00385500) for the purpose of these proceedings. (3) Leave is granted to the Health Care Complaints Commission to issue a Summons directed to Gentle Dental Care Group Pty Ltd and/or associated entities. (4) That on or before 7 May 2021 the Health Care Complaints Commission provide the practitioner with its response to the letter dated 8 February 2021 concerning Dr Joseph Geenty discussing the practitioner's matter with colleagues. (5) Health Care Complaints Commission may serve on the practitioner on or before 31 May 2021 an Amended Complaint, if any, including an amended schedule to include Patient N. (6) Health Care Complaints Commission is to serve on the practitioner on or before 31 May 2021 all material on which it seeks to rely in support of the Complaint. (7) The practitioner is to serve on the Health Care Complaints Commission a Reply by 16 July 2021. (8) The practitioner is to serve on the Health Care Complaints Commission all material on which he seeks to rely by 16 July 2021. (9) The matter is listed for a Case Conference on 23 July 2021 at 2pm at John Maddison Tower, 86–90 Goulburn Street, Sydney. (10) Order 2 of the orders made on 15 January 2021 is discharged. (11) Health Care Complaints Commission's application filed 8 March 2021 is otherwise dismissed. (12) The practitioner's application filed 10 March 2021 is otherwise dismissed. (13) The costs of the competing applications are reserved. Catchwords: HEALTH — professional registration and discipline — professional misconduct — interlocutory application Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Legal Profession Uniform Law (NSW) Civil and Administrative Tribunal Regulation 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Council of the NSW Bar Association v Lott [2016] NSWCATOD 159 Lott v Council of the New South Wales Bar Association [2017] NSWCA 145 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705; [2001] NSWCA 305 Sydneywide Distributors Pty Ltd v Red Bull Australia Pty Ltd (2002) 234 FCR 549; [2002] FCAFC 157 Medical Council of New South Wales v Lee [2017] NSWCA 282 Texts Cited: NSW Civil and Administrative Tribunal, "NCAT Procedural Direction 3 – Expert Evidence" (28 February 2018) Category: Procedural rulings Parties: Health Care Complaints Commission (Applicant) Dr Saad Abdul-Hassan Al-Mozany (Respondent) Representation: Counsel: A Petrie (Applicant) K Connor SC (Respondent)