Nelson v Health Care Complaints Commission (No 2) (Costs) [2023] NSWCATOD 93

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nelson v Health Care Complaints Commission (No 2) (Costs) [2023] NSWCATOD 93 Hearing dates: On the papers after 7 June 2023 Date of orders: 27 June 2023 Decision date: 27 June 2023 Jurisdiction: Occupational Division Before: O Shub, Senior Member W Thomas, Senior Member L Schalk, Senior Member C Gardiner, General Member Decision: (1) The Applicant's application for costs to be awarded against the Respondent is dismissed. (2) No order as to costs is made. Catchwords: COSTS – party/party – application by successful applicant for reinstatement order – no disentitling conduct by respondent – no costs order made HEALTH — nurse — reinstatement application — previously surrendered registration — earlier Tribunal hearing — failure to maintain boundaries — relationship with mental health patient — steps to rehabilitation Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 60, 64 Health Practitioner Regulation National Law (NSW), s 163C(3), Sch 5D cl 13 Legal Profession Uniform Law Application Act 2014 (NSW), s 3A Cases Cited: Ake v Health Care Complaints Commission [2019] NSWCATOD 165 Chen v Medical Council of NSW (No 2) [2021] NSWCATOD 64 Donnelly v Health Care Complaints Commission [2014] NSWCATOD 155 Girgis (née Tanios) v Health Care Complaints Commission [2019] NSWCATOD 126 Haber v Health Care Complaints Commission [2018] NSWCATOD 16 Health Care Complaints Commission v Do [2014] NSWCA 307 House v The King (1936) 55 CLR 499; [1936] HCA 40 Ledner v Health Care Complaints Commission [2019] NSWCATOD 30 Mnyandu v Health Care Complaints Commission [2015] NSWCATOD 43 Nelson v Health Care Complaints Commission [2023] NSWCATOD 5 Roberts v Medical Council of New South Wales [2015] NSWCATOD 35 Shah v Health Care Complaints Commission (No 2) [2016] NSWCATOD 102 Category: Principal judgment Parties: Faron James Nelson (Applicant) Health Care Complaints Commission (Respondent) Representation: Counsel: K J Young (Applicant) A Bhasin (Respondent)