Health Care Complaints Commission v Al-Mozany (No 5) [2023] NSWCATOD 53

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Al-Mozany (No 5) [2023] NSWCATOD 53 Hearing dates: 24 April 2023 Date of orders: 02 May 2023 Decision date: 02 May 2023 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member Decision: 1. Within 14 days of the publication of these reasons, the applicant is to file a Further Amended Complaint reflecting: (a) the amendments allowed in Health Care Complaints Commission v Al-Mozany (No 4) [2023] NSWCATOD 3; (b) which particulars or combination of particulars are relied on to support its submissions of unsatisfactory professional conduct by the respondent. 2. Not less than 14 days before the resumed hearing, the respondent is to file a summary of his Reply limited to 20 pages. 3. In relation to the respondent's application for miscellaneous orders filed on 30 September 2022, the respondent is granted leave to file with the Tribunal: (a) a Reply to the applicant's Amended Complaint; (b) the affidavit sworn by Ms Shannon Bliss on 13 October 2022; (c) the three statements of the respondent, each dated 12 June 2020, respectively concerning Patients B, E and F; (d) the statement of Mr Rami Fahmy dated 25 January 2020. 4. The respondent's application for miscellaneous orders filed on 13 October 2022 is dismissed. 5. The applicant is granted leave to file a further supplementary expert report of Dr Geenty dated 7 September 2022 (along with a briefing letter dated 27 August 2022). 6. The applicant is granted leave to file a statement of Dr Michael Russo dated 18 August 2022. 7. Any application for costs should be made by a party within seven days, the other party responding within a further seven days. If necessary the moving party may reply within a further seven days. Catchwords: OCCUPATIONS – dentists – misconduct and discipline – unsatisfactory professional conduct – professional misconduct – ancillary applications Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36 Cases Cited: Health Care Complaints Commission v Al-Mozany [2021] NSWCATOD 51 Health Care Complaints Commission v Al Mozany [2022] NSWCATOD 70 Health Care Complaints Commission v Al Mozany (No 3) [2022] NSWCATOD 75 Health Care Complaints Commission v Al-Mozany (No 4) [2023] NSWCATOD 3 Lucire v Health Care Complaints Commission (No 2) [2011] NSWCA 182 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Category: Procedural rulings Parties: Health Care Complaints Commission (Applicant) Saad Abdul-Hassan Al-Mozany (Respondent) Representation: Counsel: A Petrie (Applicant)