Health Care Complaints Commission v Gahan (No 2) [2021] NSWCATOD 66

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Gahan (No 2) [2021] NSWCATOD 66 Hearing dates: On the papers Date of orders: 19 May 2021 Decision date: 19 May 2021 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member Decision: The respondent is to pay 80% of the applicant's costs, as agreed or assessed. Catchwords: COSTS — Occupational Division — Health Practitioner List — differential costs order — where complaints of unsatisfactory professional conduct and professional misconduct proven — where complaint of impairment not proven — broad brush approach Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd (No 2) [2014] NSWCA 219 Harrington Estates (NSW) Pty Ltd t/as Harrington Grove Country Club v Turner [2016] NSWCA 369 Health Care Complaints Commission v Emery (No. 2) [2017] NSWCATOD 23 Health Care Complaints Commission v Gahan [2021] NSWCATOD 40 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Monie v Commonwealth of Australia (No.2) [2008] NSWCA 15 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Texts Cited: Nil Category: Costs Parties: Health Care Complaints Commission (Applicant) Sarah Louise Gahan (Respondent) Representation: Health Care Complaints Commission (Applicant) Respondent (self-represented) File Number(s): 2020/00280579 Publication restriction: Nil