Hejazin v Medical Council of New South Wales [2021] NSWCATOD 185

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hejazin v Medical Council of New South Wales [2021] NSWCATOD 185 Hearing dates: 8 November 2021 Date of orders: 17 November 2021 Decision date: 17 November 2021 Jurisdiction: Occupational Division Before: Le Poer Trench ADCJ, Principal Member Decision: (1) The order made by the Medical Council of New South Wales on 2 September 2021 suspending the registration of Dr Faris Ibrahim Yacoub Hejazin is stayed pending the determination of the Appeal filed by the Applicant or the further order of the Tribunal. (2) The stay is conditional upon the Applicant prosecuting his appeal so as not to cause, on his part, any delay in the determination of same and to consent to any application for expedition made by the Medical Council for the hearing of the Appeal. Catchwords: APPEALS — Procedure — Stay pending appeal Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Aldridge v Keaton (Stay Appeal) [2009] FamCAFC 106 Ansari v Medical Council of NSW [2021] NSWCATOD 138 Cho v Medical Council of NSW (Supreme Court (NSW), Fagan J, 16 July 2019, unrep) Coutinho v Dental Council of NSW [2018] NSWCATOD 98 Health Care Complaints Commission Complaints Commission v Amalakumar [2019] NSWCATOD 173 Health Care Complaints Commission v Coutinho [2020] NSWCATOD 33 Health Care Complaints Commission v Haasbroek [2018] NSWCATOD 177 Health Care Complaints Commission v Lidman [2020] NSWCATOD 48 Kirby v Dental Council of New South Wales [2018] NSWSC 1869 Legal Services Commissioner v Barker [2005] QCA 482 Medical Board of Australia v Koulouris [2020] VCAT 348 Medical Board of Australia v Leow [2019] VSC 532 Medical Council of NSW v Lee [2017] NSWCA 282 New South Wales Bar Association v Stevens [2003] NSWCA 95 Nursing and Midwifery Board of Australia v GMR [2020] VCAT 157 Saedlounia v Medical Council of New South Wales [2015] NSWCATOD 53 Segal v Medical Council of New South Wales [2020] NSWCATOD 86 Smithson v Medical Council of New South Wales [2020] NSWCATOD 105 Taylor v Medical Board of Australia [2018] NSWCATOD 50 Category: Procedural rulings Parties: Faris Ibrahim Yacoub Hejazin (Applicant) Medical Council of New South Wales (Respondent) Representation: Counsel: R Mathur (Applicant) A Petrie (Respondent) Solicitors: Morrisons (Applicant) Health Professional Councils Authority (Respondent) File Number(s): 2021/00255520 Publication restriction: Pursuant to section 64 of the Civil and Administrative Tribunal Act 2013 (NSW) an order is made prohibiting publication of the name of the Applicant's former partner and children.