Health Care Complaints Commission v Kesavan [2023] NSWCATOD 103

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Kesavan [2023] NSWCATOD 103 Hearing dates: 5 – 7 July 2022, 11 October 2022 Date of orders: 14 July 2023 Decision date: 14 July 2023 Jurisdiction: Occupational Division Before: J Stevenson ADCJ, Principal Member at [1] Dr J Aitken, Senior Member at [163] Dr K Keenan, Senior Member at [1] Dr C Berglund, General Member at [1] Decision: (1) The Complaint that the Respondent is guilty of unsatisfactory professional conduct is dismissed. (2) The Complaint that the Respondent is guilty of professional misconduct is dismissed. (3) In relation to the issue of costs: (a) The Applicant will file and serve written submissions as to costs within 14 days. (b) The Respondent will file and serve written submissions as to costs within a further 14 days. (c) The Applicant will file and serve any reply within a further 7 days. (d) The issue of costs will then be determined "on the papers". (4) Pursuant to section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication or disclosure of the names of Person A and Person B referred to in these reasons is prohibited. Catchwords: OCCUPATIONS – medical practitioners – misconduct and discipline – unsatisfactory professional conduct not found – professional misconduct not found – dissenting opinion Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64 Health Practitioner Regulation National Law (NSW), ss 3, 139B, 139E, Sch 5D cl 7 Cases Cited: A v N [2012] NSWSC 354 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Campbell v Campbell [2015] NSWSC 784 Gautum v Health Care Complaints Commission [2021] NSWCA 85 Health Care Complaints Commission v Bolton [2021] NSWCATOD 160 Health Care Complaints Commission v Nguyen [2018] NSWCATOD 168 Health Care Complaints Commission v Wilcox [2020] NSWCATOD 10 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Radakrishnan Kesavan (Respondent) Representation: Counsel: D Pace (Applicant) P Aitken (Respondent)