Health Care Complaints Commission v Khalighimonfared (No 2) [2022] NSWCATOD 101

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Khalighimonfared (No 2) [2022] NSWCATOD 101 Hearing dates: On The Papers Date of orders: 07 September 2022 Decision date: 07 September 2022 Jurisdiction: Occupational Division Before: Stevenson ADCJ, Principal Member Decision: (1) The Respondent is to pay 75% (seventy five percent) of the costs of the Health Care Complaints Commission with such costs to be as agreed or assessed. Catchwords: COSTS — General rule that costs follow the event —Order that practitioner pay 75% of costs Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Qasin v Health Care Complaints Commission [2015] NSWCA82 Category: Costs Parties: Health Care Complaints Commission (Applicant) Medhi Khalighmonfared (Respondent) Representation: Solicitors Health Care Complaints Commission (Applicant) Avant Law (Respondent) File Number(s): 2021/00293623 Publication restriction: Pursuant to section 64 of the Civil and Administrative Tribunal Act 2013 (NSW) the disclosure to any person or entity of the names of the patients set out in the schedule to the complaint is prohibited.

REASONS FOR DECISION

The Proceedings 1. On 11 July 2022 the Tribunal made orders and delivered reasons for decision in this matter. As the submissions did not address the question of costs, directions were made in relation to that issue, and it was indicated that a decision would be made "on the papers". The parties provided written submissions on 18 July 2022, 1 August 2022 and 9 August 2022. 2. The Applicant, the Health Care Complaints Commission, seeks an order that the Respondent, Dr Mehdi Khalighimonfared, pay the whole of its costs of the proceedings. The Respondent sought an order that he pay "no more than two-thirds" of the Applicant's costs of the proceedings.