Health Care Complaints Commission v Alexakis [2021] NSWCATOD 93

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Alexakis [2021] NSWCATOD 93 Hearing dates: 28 June 2021 Date of orders: 14 July 2021 Decision date: 14 July 2021 Jurisdiction: Occupational Division Before: Cowdroy AO QC ADCJ, Principal Member Dr H Bittar, Senior Member Dr H Haikal-Mukhtar, Senior Member C Berglund, General Member Decision: The Tribunal orders that: (1) The application made pursuant to section 43(3) of the Civil and Administrative Tribunal Act 2013 (NSW) that these proceedings (2020/00148494) be stayed pending further order, is refused. (2) The name of Patient A and of Patient B is not to be disclosed to any person. Catchwords: HEALTH — professional registration and discipline — complaints — stay application — concurrent court proceedings — common evidence — different nature of proceedings — stay refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Probate and Administration Act 1898 (NSW) Cases Cited: Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 Chief Executive of the Office of Local Government v Bagnall (No 1) [2017] NSWCATOD 106 Coleman v Health Care Complaints Commission of NSW [2020] NSWCA 337 Commissioner of the Australian Federal Police v Zhao (2015) 255 CLR 46; [2015] HCA 5 Jackson (formerly Subramanian) v Legal Practitioners Admission Board [2007] NSWCA 289 Health Care Complaints Commission v Black [2014] NSWCATOD 35 Union Steamship Co of New Zealand Ltd v The Ship Caradale (1937) 56 CLR 277; [1937] HCA 1 Texts Cited: Nil Category: Procedural rulings Parties: Health Care Complaints Commission (Applicant) Peter Alexakis (Respondent) Representation: Counsel: S Flood (Applicant) L Fernandez (Respondent)