Health Care Complaints Commission v Kaye (No 2) [2022] NSWCATOD 25

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Kaye (No 2) [2022] NSWCATOD 25 Hearing dates: On the papers Date of orders: 25 February 2022 Decision date: 25 February 2022 Jurisdiction: Occupational Division Before: J Chen, Senior Member Decision: 1. A hearing be dispensed with. 2. The application that Senior Member Chen recuse himself from the Stage 2 hearing is dismissed. Catchwords: PRACTICE AND PROCEDURE – Recusal application – principles in Ebner v Official Trustee in Bankruptcy – two stage test – application of principles Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 50 Health Care Complaints Act 1993 (NSW), ss 10 and 12 Health Practitioner Regulation National Law (NSW) ss 3A, 144C, 145A, 145B, 150, 165B, 174, 174A Cases Cited: Aussie Airlines Pty Ltd v Australian Airlines Pty Ltd 65 FCR 215 CNY17 v Minister for Immigration and Border Protection (2019) 268 CLR 76 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Holt v Dental Council of New South Wales [2020] NSWCATOD 62 McGovern v Ku-Ring-Gai Council [2008] NSWCA 209; 72 NSWLR 504 Murlan Consulting v Ku-Ring-Gai Municipal Council (2009) 170 LGERA 162 Webb v The Queen (1994) 181 CLR 41 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Andrew Peter Kaye (Respondent) Representation: Counsel: A Bhasin (Applicant) A Harding SC and R Withana (Respondent)