Rahman v Health Care Complaints Commission [2021] NSWCA 247

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Rahman v Health Care Complaints Commission [2021] NSWCA 247 Hearing dates: 23 August 2021 Date of orders: 14 October 2021 Decision date: 14 October 2021 Before: Bell P at [1]; Basten JA at [2]; Macfarlan JA at [89] Decision: (1) Dismiss the appeal. (2) Revoke the interlocutory orders made on 25 June 2021. (3) Order that the appellant pay the respondent's costs in this Court. Catchwords: HEALTH – professional registration and discipline – unsatisfactory professional conduct – professional misconduct – inappropriate prescription of drugs of addiction– inadequate clinical records – continuing involvement in unproven therapies HEALTH – professional registration and discipline – proportionality of disciplinary orders to misconduct – whether reprimand and conditions on registration sufficient to protect the public interest – whether orders were made in reliance on particulars not pleaded against the appellant PRACTICE AND PROCEDURE – appeal – stay – reversing order under appeal – order for de-registration effected – stay no longer available – interlocutory injunction to third party to reverse order Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW), s 60 Health Practitioner Regulation National Law (NSW), ss 139E, 165M Medical Practice Act 1992 (NSW), s 90 Migration Act 1958 (Cth), s 430 Supreme Court Act 1970 (NSW), ss 46, 66 Uniform Civil Procedure Rules 2005 (NSW), rr 50.7, 51.44 Cases Cited: Attia v Health Care Complaints Commission [2017] NSWSC 178 AVS Group of Companies Pty Ltd v Commissioner of Police (2010) 78 NSWLR 302; [2010] NSWCA 81 Bassel Abdul Rahman v Health Care Complaints Commission of NSW [2021] NSWCA 127 Deano v Health Care Complaints Commission [2011] NSWSC 1570 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 McBride v Walton (NSWCA, unrep, Handley JA, 27 August 1993) Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30 Russo v Legal Services Commissioner [2016] NSWCA 95 Texts Cited: Dervishi et al, "Autologous platelet-rich plasma therapy for pattern hair loss: A systematic review", Journal of Cosmetic Dermatology (2020; 19:827-835) Heydon, Leeming and Turner, Meagher, Gummow & Lehane's Equity: Doctrines and Remedies (5th, LexisNexis Butterworths, 2015), Ch 21 Category: Principal judgment Parties: Bassel Abdul Rahman (Appellant) Health Care Complaints Commission (Respondent) Representation: Counsel: Mr J Young (Appellant) Mr J Emmett / Mr K Sharma (Respondent)