Health Care Complaints Commission v Al Mozany [2022] NSWCATOD 70

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Al Mozany [2022] NSWCATOD 70 Hearing dates: 29 June 2022 Date of orders: 29 June 2022 Decision date: 29 June 2022 Jurisdiction: Occupational Division Before: The Hon Jennifer Boland AM, Deputy President Decision: 1. The application by Saad Abdul-Hassan Al-Mozany to vacate the hearing scheduled to commence on 4 July 2022 is dismissed. 2. The costs of this application are reserved to the substantive hearing. Catchwords: HEALTH – professional registration and discipline – application to adjourn proceedings and vacate hearing dates – application dismissed Legislation Cited: Civil and Administrative Tribunal Act 2022 Health Practitioner Regulation National Law Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 Texts Cited: NCAT Guideline 3 - Adjournments - When can hearings be postponed or delayed? NSW Civil and Administrative Tribunal, 2021 Category: Procedural rulings Parties: Health Care Complaints Commission (Applicant) Saad Abdul-Hassan Al-Mozany (Respondent) Representation: Counsel: A Petrie (Applicant)

Solicitors: Health Care Complaints Commission (Applicant) Respondent (self-represented) File Number(s): 2020/00365306 Publication restriction: Nil

REASONS FOR DECISION Ex tempore reasons

The application 1. On 27 June 2022 Dr Saad Abdul Al Mozany, a Specialist Orthodontist, wrote to the Registrar requesting that the hearing of disciplinary proceedings brought against him by the Health Care Complaints Commission (the HCCC) due to commence on 4 July 2022 for five days be vacated. 2. Dr Al Mozany's application is opposed by the HCCC. In the event that the adjournment is granted, the HCCC seeks that Dr Al Mozany pay its costs thrown away as a result of the adjournment. 3. As the proceedings are listed for hearing in three day's time, the adjournment application was listed at short notice at 2pm today to be conducted by Audio Visual Link. I note that the hearing will be an "in person" hearing as the Tribunal resumes face to face hearings on 4 July 2022. 4. No evidence was filed by Dr Al Mozany in support of his application. I have treated the matters in his letter of request to vacate the hearing dates as submissions in support of his application. 5. For convenience only, in these reasons I will refer to Dr Al Mozany as "the practitioner" and the Health Care Complaints Commission as "the HCCC".