Jan v Health Care Complaints Commission (No 2) [2021] NSWSC 480

Supreme Court New South Wales

Medium Neutral Citation: Jan v Health Care Complaints Commission (No 2) [2021] NSWSC 480 Hearing dates: On the papers Decision date: 07 May 2021 Jurisdiction: Common Law Before: Leeming JA Decision: 1. Application to vary order 6 made on 8 April 2021 refused. 2. Mr Jan to pay the HCCC's costs of the application to vary order 6. Catchwords: COSTS – appeal from NCAT – applicant successful on 1 out of 16 grounds – whether costs should follow the event – where ground on which applicant succeeded maintained throughout proceedings – where other grounds numerous and some were close to unarguable – no order as to costs Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) rr 36.16, 42.1 Cases Cited: Bullabidgee Pty Ltd v McCleary (No 2) [2011] NSWCA 343 Jan v Health Care Complaints Commission [2021] NSWSC 350 Ross v Lane Cove Council (2014) 86 NSWLR 34; [2014] NSWCA 50 Wollongong City Council v Papadopoulos [2019] NSWCA 178 Category: Costs Parties: Rey Jan (Plaintiff/Applicant) Health Care Complaints Commission (Defendant/Respondent) Representation: Counsel: A Hourigan (Plaintiff/Applicant) A Britt (Defendant/Respondent)

Solicitors: Matthew Curll, Hall & Willcox (Plaintiff/Applicant) Larisa Michalko, Director of Proceedings and Director of Legal Services (Defendant/Respondent) File Number(s): 2020/220265 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Occupational Division Citation: [2020] NSWCATOD 75 Date of Decision: 02 July 2020 Before: A Britton; E Peel; K Campbell; S Lovorich File Number(s): 2019/333341