Health Care Complaints Commission v Balafas (No 2) [2021] NSWCATOD 175

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Balafas (No 2) [2021] NSWCATOD 175 Hearing dates: On the papers after 19 October 2021 Date of orders: 04 November 2021 Decision date: 04 November 2021 Jurisdiction: Occupational Division Before: Hennessy ADCJ, Deputy President Decision: Dr Balafas is to pay the costs of the Health Care Complaints Commission of the application to set aside the proceedings under s 53(4) of the Civil and Administrative Tribunal Act 2013 (NSW) as agreed or, failing agreement, as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: COSTS – application for costs following unsuccessful application to set aside the proceedings – where Dr Balafas wholly unsuccessful on set aside application – where Dr Balafas did not discharge onus of identifying any disentitling conduct on part of the Health Care Complaints Commission – whether consideration of costs application should be deferred until finalisation of the Stage One proceedings Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Arian v Nguyen [2001] NSWCA 5 HCCC v Dinakar [2009] NSWMT 8 HCCC v Dr Mazzaferro [2011] NSWMT 9 Health Care Complaints Commission v Balafas [2021] NSWCATOD 153 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Segal v Medical Council of New South Wales [2020] NSWCATOD 86 Smithson v Medical Council of New South Wales [2020] NSWCATOD 105 Waterman v Gerling Australia Insurance Co Pty Ltd (No 2) [2005] NSWSC 1111 Category: Costs Parties: Health Care Complaints Commission (Applicant) John Balafas (Respondent) Representation: Counsel: R Mathur (Applicant) P Dwyer (Respondent) Solicitors: Health Care Complaints Commission (Applicant) Unsworth Legal Pty Limited (Respondent) File Number(s): 2019/00246014 2020/00016868 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication of the names and addresses of Patient A and Patient B is prohibited.