Patrech v Psychology Board of Australia (no.2) [2023] NSWCATOD 9

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Patrech v Psychology Board of Australia (no.2) [2023] NSWCATOD 9 Hearing dates: 18 January 2023 Date of orders: 1 February 2023 Decision date: 01 February 2023 Jurisdiction: Occupational Division Before: A Britton, Deputy President Decision: 1. Mr Patrech is to pay the Board's cost of the appeal proceedings, including the costs of determining the Board's application for costs, as agreed or assessed. Catchwords: COSTS —principles governing the exercise of the discretion to award costs to the successful party under Health Practitioner Regulation National Law (NSW) — whether respondent had engaged in "disentitling conduct" — whether respondent had complied with its obligations Australian Health Practitioner Regulation Agency, "Model Litigant Policy" Legislation Cited: Health Practitioner Regulation National Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Apokis v Transport for NSW [2020] NSWCA 39 Commonwealth v Gretton [2008] NSWCA 117 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 NSW v Stanley [2007] NSWCA 330 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Patrech v Psychology Board of Australia [2022] NSWCATOD 117 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Waterman v Gerling Australia Insurance Co Pty Ltd (No 2) [2005] NSWSC 1111 Texts Cited: Australian Health Practitioner Regulation Agency, "Model Litigant Policy", December 2012 Category: Costs Parties: Adam Patrech (Appellant) Psychology Board of Australia (Respondent) Representation: Counsel: M Minucci (Respondent)