Kallman v Veterinary Practitioners Board [2022] NSWCATOD 60

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kallman v Veterinary Practitioners Board [2022] NSWCATOD 60 Hearing dates: 14 October 2020 Date of orders: 14 June 2022 Decision date: 14 June 2022 Jurisdiction: Occupational Division Before: N S Isenberg RFD, Senior Member (Legal) Dr T Carter, Senior Member Emeritus Professor PJ Foreman AM General Member (Community) Decision: (1) The decision under review is affirmed. (2) The Applicant pay the costs of the Respondent, of and incidental to these proceedings, as agreed or assessed on the ordinary basis. Catchwords: PROFESSIONAL DISCIPLINE – registered veterinary practitioner – allegations including that the applicant discharged a non-ambulatory dog with tick poisoning – Veterinary Practitioners Code of Professional Conduct – finding of unsatisfactory professional conduct – issue of caution and fine of $1,000 – correct and preferable decision COSTS – exception to s 60 (each party pay their own costs) – cl 26, Division 6, Part 4 of Schedule 5 to the CAT Act (costs payable by applicant) - whether there are special circumstances Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Supreme Court Act 1970 (NSW). Veterinary Practice Act 2003 (NSW) Veterinary Practice Regulation 2013 (NSW) Cases Cited: Bureau of Health Care Services v Jan H Po/ DVM, State of Michigan Court of Appeals, No 327346, June 23, 2016 Dekker v Medical Respondent of Australia 2014 WASCA 216 Gallagher v Veterinary Practitioners Board of New South Wales [2014] NSWCAOD 132 Pillai v Messiter (No 2) (1989) New South Wales Court of Appeals 16 NSWLR 197 (sic) Spate v Veterinary Practitioners Board of NSW [2017] NSWCATOD 139 Veterinary Practitioners Board of New South Wales v Gallagher [2015] NSWSC 1233 Texts Cited: Nil Category: Principal judgment Parties: Dr Mark Kallman (Applicant) Veterinary Practitioners Board (Respondent) Representation: Counsel: K Edwards (Respondent)