Caruana v Dental Council of New South Wales (No 2) [2021] NSWCATOD 193

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Caruana v Dental Council of New South Wales (No 2) [2021] NSWCATOD 193 Hearing dates: On the papers Date of orders: 29 November 2021 Decision date: 29 November 2021 Jurisdiction: Occupational Division Before: The Hon J Boland AM, Deputy President Decision: (1) The hearing fixed for 9 and 10 December 2021 is vacated. (2) The matter is listed for directions only on 4 February 2022 at 9.30am to fix new hearing dates. (3) The costs of the Dental Council of New South Wales for preparation of the hearing up to 26 November 2021 are reserved. Catchwords: HEALTH – Professional registration and discipline – Appeal against decision of Dental Council of New South Wales to suspend Richard Caruana from practising dentistry – Application to adjourn proceedings and vacate hearing dates. Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Caruana v Dental Council of NSW [2021] NSWCATOD 179 Category: Procedural rulings Parties: Richard Charles Caruana (Appellant) Dental Council of New South Wales (Respondent) Representation: Solicitors: Appellant (Self-Represented) Dental Council of New South Wales (Respondent) File Number(s): 2021/00217990

REASONS FOR DECISION

Introduction 1. Richard Caruana (the practitioner) has filed an appeal under s 159 of the Health Practitioner Regulation National Law (NSW) (the National Law) against a decision of the Dental Council of New South Wales (the Council) made on 15 June 2021 to suspend him from practising dentistry. 2. The appeal is listed for hearing on 9 and 10 December 2021. A Reply filed by the Council on 4 November 2021 seeks orders that the appeal be dismissed and that the practitioner pay the Council's costs of and incidental to the appeal. 3. On 26 November 2021 the practitioner wrote to the Tribunal and requested that his appeal be adjourned. He was directed to seek the Council's response to his request. Also on 26 November 2021 the Council forwarded an email to the Tribunal with a copy to the practitioner. In the email the Council notes that it consents to the hearing dates being vacated, and requests the matter be listed for directions "at the start of next year". The Council agreed the application could be dealt with "on the papers". 4. The Council also sought an order that "the issue of costs of the Council preparing for the hearing up until today" be reserved.