Health Care Complaints Commission v Balafas (No 3) [2021] NSWCATOD 176

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Balafas (No 3) [2021] NSWCATOD 176 Hearing dates: On the papers after 22 October 2021 Date of orders: 04 November 2021 Decision date: 04 November 2021 Jurisdiction: Occupational Division Before: Hennessy ADCJ, Deputy President Decision: (1) Dr Balafas's application to re-open the Stage One proceedings to allow new evidence to be tendered is granted. (2) Within 14 days of the date of this decision, Dr Balafas should provide any written submissions in response to the submissions of the Health Care Complaints Commission about the relevance and reliability of the new evidence. Catchwords: EVIDENCE – Course of evidence – Re-opening case – where respondent sought to re-open case to tender evidence from treating psychiatrist obtained after the hearing had concluded – whether Tribunal should exercise discretion to re-open case Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Cases Cited: BuildPlatinum Pty Limited v Micaleff [2021] NSWCATAP 129 Health Care Complaints Commission v Balafas [2021] NSWCATOD 153 Matson v Attorney-General (Cth) [2021] FCA 161 Category: Procedural rulings 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 of addresses of Patient A and Patient B is prohibited.