Hyland v Medical Council of New South Wales [2021] NSWCATOD 167

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hyland v Medical Council of New South Wales [2021] NSWCATOD 167 Hearing dates: 13 October 2021 Date of orders: 21 October 2021 Decision date: 21 October 2021 Jurisdiction: Occupational Division Before: Hennessy ADCJ, Deputy President Decision: (1) The application for a stay of the decision to suspend Mr Hyland's registration as a medical student is refused. (2) Pursuant to cl 7 to Schedule 5D of the Health Practitioner Health Practitioner Regulation National Law (NSW), the name and address of Person A is not to be disclosed or published. Catchwords: OCCUPATIONS – Medical practitioners – Qualifications and registration – registered medical student – application for a stay pending the hearing of an appeal with respect to a point of law – where student charged with criminal offences relating to domestic violence and common assault – where student acquitted of offence in 2019 – where 2021 charges remained pending – whether Tribunal should exercise discretion to grant a stay of the Medical Council's decision to suspend registration – strength of appeal – balance of convenience – interests of justice Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 BHL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 277 FCR 420; [2020] FCAFC 94 DZR v Medical Council of NSW [2019] NSWCATOD 143 Kirby v Dental Council of NSW [2020] NSWCA 91 Medical Board of Australia v Liang Joo Leow [2019] VSC 532 Minister for immigration and Citizenship v Li (2013) 349 CLR 332; [2013] HCA 18 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Steel v Medical Council of NSW [2020] NSWCATOD 77 Texts Cited: Nil Category: Procedural rulings Parties: Cameron Hyland (Appellant) Medical Council of New South Wales (Respondent) Representation: Counsel: C Coventry (Appellant) H Bennett (Respondent)