Health Care Complaints Commission v Clarke (No 2) [2022] NSWCATOD 96

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Clarke (No 2) [2022] NSWCATOD 96 Hearing dates: On the papers Date of orders: 29 August 2022 Decision date: 29 August 2022 Jurisdiction: Occupational Division Before: The Hon Jennifer Boland AM, Deputy President Decision: (1) The application to set aside the decision of 26 May 2022 is dismissed. (2) The application for Miscellaneous matters filed 18 July 2022 is dismissed. (3) The costs of the applications are reserved to be determined at the conclusion of the substantive proceedings. Catchwords: HEALTH – Professional registration and discipline – Complaints – set aside application of order dismissing application for summary dismissal – recusal application- application for referral of questions of law to the Supreme Court Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Civil and Administrative Regulation 2013 Cases Cited: Charisteas v Charisteas [2021] HCA 29 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Westbury v The Owners – Strata Plan No 64061 [2021] NSWCATEN 3 Texts Cited: Nil Category: Procedural rulings Parties: Health Care Complaints Commission (Applicant) Sharmain Daisy Clarke (Respondent) Representation: Counsel Ms A Petrie (Applicant)