Health Care Complaints Commission v Khorami (No 2) (Costs) [2023] NSWCATOD 76

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Khorami (No 2) (Costs) [2023] NSWCATOD 76 Hearing dates: On the papers Date of orders: 09 June 2023 Decision date: 09 June 2023 Jurisdiction: Occupational Division Before: I Coleman SC ADCJ Decision: (1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), the Tribunal dispenses with a hearing of the Applicant's costs application. (2) The Respondent pay the Applicant's costs of and incidental to the proceedings as agreed or assessed on a party/party basis. (3) That the Applicant serve a printed copy of the Tribunal's Decision on Corrective Services New South Wales with a request that Corrective Services hand such copy Decision to the Respondent and inform the Applicant and the Tribunal of the date on which it has done so. (4) That enforcement of order (2) is stayed until the expiration of one calendar month from the date upon which the Respondent is provided with a printed copy of the Tribunal's decision. Catchwords: COSTS – where applicant successful in substantive proceedings – whether costs should follow the event Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 4, 50, 165, 165B Health Practitioner Regulation National Law (NSW), s 149C, Sch 5D cll 1(2), 13 Cases Cited: Anglo-Cyprian Trade Agencies Ltd v Paphos Wine Industries [1951] 1 All ER 873 Arian v Nguyen [2001] NSWCA 5 Health Care Complaints Commission v Brush (No 2) [2015] NSWCATOD 154 Health Care Complaints Commission v CSM [2016] NSWCATOD 125 Health Care Complaints Commission v Govan (No 2) [2022] NSWCATOD 108 Health Care Complaints Commission v Livermore [2021] NSWCATOD 115 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 Northern Territory v Sangare (2019) 265 CLR 164; [2019] HCA 25 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Stead v State Government Insurance Commission (1986) 161 CLR 141; [1986] HCA 54 Tomanovic v Global Mortgage Equity Corporation Pty Ltd (No 2) [2011] NSWCA 256; 288 ALR 385 Waterman v Gerling (Costs) [2005] NSWSC 1111 Category: Costs Parties: Health Care Complaints Commission (Applicant) Ali Kalantari Khorami (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (self-represented) File Number(s): 2021/00200153 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) an order is made prohibiting disclosure to any person or entity of the names of the patients set out in the Schedule to the Complaint.