Mackie v Health Care Complaints Commission [2023] NSWCATOD 55

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mackie v Health Care Complaints Commission [2023] NSWCATOD 55 Hearing dates: On the papers Date of orders: 08 May 2023 Decision date: 08 May 2023 Jurisdiction: Occupational Division Before: S McIllhatton, Senior Member Decision: (1) The application for costs by the Health Care Complaints Commission is refused. Catchwords: COSTS – party/party – general rule that costs follow the event – application of the rule and discretion – where application for reinstatement withdrawn Legislation Cited: Health Practitioner Regulation National Law (NSW), s 163B, Sch 5D cl 13 Cases Cited: Ake v Health Care Complaint Commission [2019] NSWCATOD 165 Ameisen v Medical Council of New South Wales [2015] NSWCATOD 49 Health Care Complaints Commission v Ake [2018] NSWSC 1170 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Mackie [2018] NSWCATOD 174 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Ristevski v Medical Council of NSW [2016] NSWCATOD 18 Williams v Lewer [1974] 2 NSWLR 91 Category: Costs Parties: Paul Edward Mackie (Applicant) Health Care Complaints Commission (Respondent) Representation: Solicitors: Applicant (self-represented) Health Care Complaints Commission (Respondent) File Number(s): 2023/00062902 Publication restriction: Nil