Mapa v Medical Council of New South Wales [2021] NSWCATOD 159

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mapa v Medical Council of New South Wales [2021] NSWCATOD 159 Hearing dates: 20 September 2021 Date of orders: 8 October 2021 Decision date: 08 October 2021 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President Decision: (1) The application for a stay of the decision made on 23 July 2021, under s 150(1)(a) of the Health Practitioner Regulation National Law (NSW), to suspend Dr Mapa's registration as a medical practitioner is refused. (2) The Medical Council of New South Wales may file and serve submissions with respect to the costs of the application for a stay on or before 15 October 2021. (3) Dr Mapa may file and serve submissions with respect to the costs of the application for a stay on or before 29 October 2021. (4) Both parties may file and serve submissions on the question of whether the Tribunal should, under s 50 of the Civil and Administrative Tribunal Act 2013 (NSW), dispense with a hearing in relation to the application by the Medical Council of New South Wales for an order for costs in relation to the application for a stay, and determine that application on the material provided to it, on or before 29 October 2021. (5) The matter is listed for further directions at 10:30am on Friday 15 October 2021. Catchwords: OCCUPATIONS — Medical practitioners — application to stay decision to suspend registration pending outcome of appeals Legislation Cited: Health Practitioner Regulation National Law (NSW Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Ansari v Medical Council of New South Wales [2021] NSWCATOD 138 EFQ v Medical Council of New South Wales [2021] NSWCA 167 Hill v Medical Council of New South Wales [2019] NSWCATOD 52 Kalifair Pty Ltd v Digitech (Aust) Ltd (2002) 55 NSWLR 737; [2002] NSWCA 383 Medical Council of New South Wales v Lee [2017] NSWCA 282 Liu v Chinese Medicine Council of New South Wales [2019] NSWCATOD 13 Minister for Immigration and Border Protection v Eden [2016] FCAFC 28 Paringa Mining and Exploration Co PLC v North Flinders Mines Ltd (1988) CLR 165 452; 81 ALR 609 Category: Procedural rulings Parties: Dr Chitrica Mapa (Applicant) Medical Council of New South Wales (Respondent) Representation: Counsel: M A Robinson SC with G Schipp (Applicant) H El-Hage (Respondent)