Tan v Medical Council of New South Wales [2022] NSWCATOD 106

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tan v Medical Council of New South Wales [2022] NSWCATOD 106 Hearing dates: 8 August 2022 Date of orders: 16 September 2022 Decision date: 16 September 2022 Jurisdiction: Occupational Division Before: Coleman SC ADCJ, Principal Member Dr R Bezic, Senior member Dr G Dore, Senior Member Ms J Houen, General Member Decision: (1) The Applicant's application for reregistration pursuant to s 163A(1)(b) of the Health Practitioner Regulation National Law (NSW) 2009 is dismissed. (2) A party making an application for costs file and serve written submissions in support of such application not exceeding seven (7) pages in length within fourteen (14) days of this date. (3) Any party resisting an application for costs file and serve written submissions not exceeding seven (7) pages in length within twenty one (21) days of this date. (4) A party opposing an order pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 dispensing with an oral hearing of any application for costs file and serve written submissions not exceeding two (2) pages in length in opposition to such order within twenty one (21) days of this date. Catchwords: PROFESSIONS AND TRADES- health care professionals- medical practitioners- where practitioner whose registration has previously been cancelled seeks reregistration as a medical practitioner Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) 2009 Cases Cited: Assar v Medical Council of New South Wales [2019] NSWCATOD 132 Australian Broadcasting Commission v Bond ("Bond Media Case") [1990] HCA 33; (1990) 170 CLR 321 Baez v Medical Council of New South Wales [2020] NSWCATOD 127 Bahramy v Medical Council of New South Wales [2014] NSWCATOD 116 Health Care Complaints Commission v Karalasingham [2007] NSWCA 267 Qasim v Medical Council of New South Wales [2021] NSWCA 173 Safi v Medical Council of New South Wales [2022] NSWCATOD 30 Vo v Medical Council of New South Wales [2018] NSWCATOD 18 Ziems v Prothonotary of the Supreme Court of New South Wales [1957] HCA 46; (1957) 97 CLR 279 Category: Principal judgment Parties: Chin Kuen Tan (Applicant) Medical Council of New South Wales (Respondent) Representation: Counsel: H El-Hage (Respondent)