Mahadik v Medical Council of New South Wales [2023] NSWCATOD 96

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mahadik v Medical Council of New South Wales [2023] NSWCATOD 96 Hearing dates: 26 June 2023 Date of orders: 04 July 2023 Decision date: 04 July 2023 Jurisdiction: Occupational Division Before: T Simon, Principal Member Decision: (1) The Tribunal refuses the application to direct the Registrar to issue a summons to Professor Anand Deva to produce surgical logs within the last 10 years. Catchwords: PRACTICE AND PROCEDURE – application to issue summons – expert evidence – relevance Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 3, 36, 38, 48 Health Practitioner Regulation National Law (NSW), s 159(1)(b) Cases Cited: Australian Cement Holdings Pty Ltd v Adelaide Brighton Ltd [2001] NSWSC 645 Australian Securities and Investments Commission v Vines [2003] NSWSC 1095; (2003) 48 ACSR 291 Idoport Pty Ltd v National Australia Bank Ltd [2001] NSWSC 123 Murphy v The Queen (1989) 167 CLR 94; [1989] HCA 28 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 The Queen v Anderson (2000) 1 VR 1; [2000] VSCA 16 Category: Procedural rulings Parties: Parag Jayant Mahadik (Applicant) Medical Council of NSW (Respondent) Representation: Counsel: R Mathur SC (Applicant)

Solicitors: Meridian Lawyers (Applicant) Health Professional Councils Authority (Respondent) File Number(s): 2023/00010076 Publication restriction: Nil