Kirby v Health Care Complaints Commission [2021] NSWCATAP 157

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kirby v Health Care Complaints Commission [2021] NSWCATAP 157 Hearing dates: 5 March 2021; further written submissions filed on 17 March 2021 Date of orders: 31 May 2021 Decision date: 31 May 2021 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member Dr J Lucy, Senior Member Decision: 1. The time for lodging the Notice of Appeal is extended to 19 January 2021. 2. Leave to appeal is refused. 3. The appeal is dismissed. Catchwords: APPEAL – Appeal from interlocutory decision of Tribunal to refuse application for stay – Where respondent issued prohibition order against appellant, prohibiting him from providing certain health services – Where appellant applied for review of the decision to issue prohibition order – Where appellant applied for stay of decision to publish prohibition order and Tribunal dismissed application – Whether leave should be granted to appeal from interlocutory decision – Whether Tribunal has power to stay publication decision Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Health Care Complaints Act 1993 (NSW) Cases Cited: Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 Collins v Urban [2014] NSWCATAP 17 House v The King (1936) 55 CLR 499 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Kirby v Health Care Complaints Commission [2020] NSWCATOD 151 Kirby v Health Care t/as Health Care Complaints Commission [2020] NSWSC 1133 Loveday v Commissioner for Fair Trading [2018] NSWCATAD 80 Texts Cited: Nil Category: Procedural rulings Parties: Dr David Kirby (Appellant) Health Care Complaints Commission (Respondent) Representation: Counsel: J Sheller SC (Appellant) P Lowson (Respondent)