Health Care Complaints Commission v Reyes (No 2) (Costs) [2023] NSWCATOD 94

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Reyes (No 2) (Costs) [2023] NSWCATOD 94 Hearing dates: On the papers Date of orders: 28 June 2023 Decision date: 28 June 2023 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member Decision: (1) The respondent is to pay two thirds of the applicant's costs, as agreed or as assessed. Catchwords: OCCUPATIONS – nurses – misconduct and discipline – where unsatisfactory professional conduct established and professional misconduct not established – appropriate costs order Legislation Cited: Health Practitioner Regulation National Law (NSW), ss 139B, 139E, 145D Cases Cited: Health Care Complaints Commission v Litchfield (No 3) (Costs) [2023] NSWCATOD 44 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Reyes [2023] NSWCATOD 57 Lucire v Health Care Complaints Commission [2011] NSWCA 99 Lucire v Health Care Complaints Commission (No 2) [2011] NSWCA 182 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Category: Costs Parties: Health Care Complaints Commission (Applicant) Alvin Mascarenas Reyes (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Australian Nursing and Midwifery Federation (Respondent) File Number(s): 2022/00253018 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), publication or disclosure of the names of Patient A and Person B listed in the Schedule to the Applicant's Complaint is prohibited.