Jayswal v Medical Council of New South Wales [2022] NSWCATOD 53

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jayswal v Medical Council of New South Wales [2022] NSWCATOD 53 Hearing dates: 01 April 2022 Date of orders: 12 May 2022 Decision date: 12 May 2022 Jurisdiction: Occupational Division Before: I R Coleman SC ADCJ, Principal Member Decision: (1) The order made by the Medical Council of New South Wales on 29 November 2021 suspending the registration of Dr Vishal Jayswal is stayed pending the determination of the Appeal filed by the Applicant or the further order of the Tribunal. (2) Any party seeking an order for the costs of this Application file and serve written submissions not exceeding 5 pages in length in support of such application within 7 days. (3) Any party opposing an application for the costs of this Application file and serve written submissions not exceeding 5 pages in length in opposition to such application within 14 days. (4) Any party filing submissions pursuant to order (2) or (3) of these orders include in such submissions reasons why the Tribunal should not order that costs be determined "on the papers" and without a hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. (5) The hearing of the Applicant's Appeal be expedited. Catchwords: OCCUPATIONS — medical practitioners — misconduct and discipline — appeal and review APPEALS — procedure — application to stay order suspending practitioner's registration pending appeal Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Attorney General for the State of New South Wales v X [2000] NSWCA 199; [2000] 49 NSWLR 653 Bentran Pty Limited v Sabbarton [214] NSWCATAP 37 Bryant v Commonwealth Bank of Australia [1996] HCA 3; (1996) 134 ALR 460; (1996) 70 ALJR 306 Crickitt v Medical Council of NSW (No 2) [2015] NSWCATOD 115 CSR Ltd v Amaca Pty Limited [2009] NSWCA 338 Degorgio v Dunn (No 2) [2005] NSWSC 3 Director General, Department of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102; 74 NSWLR 523 Gurnett v The Macquarie Stevedoring Co Pty Ltd [No 2] [1956] HCA 29; 95 CLR 106 Haritos v Commissioner of Taxation [2015] FCAFC 92 Hejazin v Medical Council of New South Wales [2021] NSWCATOD 185 Hejazin v Medical Council of NSW [2021] NSWCATOD 185 HIA Insurance Services Pty Ltd v Kostas [2009] NSWCA 292 Hogan v Hinch [2011] HCA 4 Hyland v Medical Council of New South Wales [2021] NSWCATOD 167 Kahn v Minister for Immigration and Ethnic Affairs [1987] FCA 457 Kioa v West [1985] HCA 81; (1985) 159 CLR 550 Kirby v Dental Council of New South Wales [2020] NSWCA 91 Kostas v HIA Insurance Services Pty Limited [2010] HCA 32; 241 CLR 390 Lee v HCCC [2012] NSWCA 80 Lemoto v Able Technical Pty Limited & 2 Ors [2005] NSWCA 153 Lindsay v NSW Medical Board [2008] NSWSC 40 Liu v Chinese Medicine Council of NSW [2019] NSWCATOD 13 Makita (Australia) Pty Limited v Sprowles [2001] NSWCA 305 McKinnon v Secretary, Department of Treasury [2005] FCAFC 142 Medical Board of Australia v Leow [2019] VSC 532 Medical Council of New South Wales v Lee [2017] NSWCA 282 Medical Council of New South Wales v Smithson [2021] NSWCA 53 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Minister for Immigration and Border Protection v Nguyen [2017] FCAFC 149 New South Wales Bar Association v Stevens [2003] NSWCA 95 New South Wales land and Housing Corporation v Orr [2019] NSWCA 231 Pridgeon v Medical Council of New South Wales [2022] NSWCA 60 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Segal v Medical Council of New South Wales [2020] NSWCATOD 86 Sharp Corporation of Australia Pty Ltd v Collector of Customs [1995] FCA 1521 Category: Principal judgment Parties: Vishal Jayswal (Appellant) Medical Council of NSW (Respondent) Representation: Counsel: Ms R Withana (Applicant) Ms A Petrie (Respondent)