Sundararajah v Health Care Complaints Commission (No 2) [2021] NSWCATOD 100

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sundararajah v Health Care Complaints Commission (No 2) [2021] NSWCATOD 100 Hearing dates: On the papers Date of orders: 21 July 2021 Decision date: 21 July 2021 Jurisdiction: Occupational Division Before: The Hon F Marks, Principal Member Decision: The applicant is to pay the costs of the respondent in an amount assessed by a costs assessor under the legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014) in default of agreement. Catchwords: COSTS — party/party — application for review of decision to cancel registration of dental practitioner — application dismissed and costs reserved — held respondent entitled to costs order Legislation Cited: Health Practitioner Regulation National Law (NSW), ss 163B, 163C, 165B, Sch 5D, cl 13 Civil and Administrative Tribunal Act 2013 (NSW), s 4 Cases Cited: Health Care Complaints Commission v Sundarajah (No 2) [2018] NSWCATOD 86 Sundarajah v Health Care Complaints Commission [2020] NSWCATOD 144 Chen v Medical Council of NSW (No 2) [2021] NSWCATOD 64 Texts Cited: None cited Category: Costs Parties: Raahulan Sundarajah (Applicant) Health Care Complaints Commission (Respondent) Representation: Solicitors: Applicant (self-represented) Health Care Complaints Commission (Respondent) File Number(s): 2020/00194192 Publication restriction: Pursuant to section 64(1) of the Civil and Administrative Tribunal Act 2013: 1. The disclosure and/or publication of the name of the person listed in Part 1 of the document entitled "Suppression Orders" and filed with the Tribunal on 30 November 2020, and who is referred to as "Patient A" in the decision in HCCC v Sunda [2013] NSWDT 1, or any material which might tend to identify that person, is prohibited. 2. The disclosure and/or publication of the names of the persons listed in Part 2 of the document entitled "Suppression Orders" and filed with the Tribunal on 30 November 2020, and whose names were subject to a non-publication order in proceedings 1620214; 2016/378775, or any material which might tend to identify those persons, is prohibited. 3. The disclosure and/or publication of the name of the solicitor listed in Part 3 of the document entitled "Suppression Orders" and filed with the Tribunal on 30 November 2020, being a solicitor whose relationship with the applicant was a matter relevant to the proceedings, or any material which might tend to identify that person (including but not limited to the employing law firm of the solicitor at the relevant time), is prohibited.