Beran v Medical Council of New South Wales [2023] NSWCATOD 131

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Beran v Medical Council of New South Wales [2023] NSWCATOD 131 Hearing dates: On papers after 14 August 2023 Date of orders: 29 August 2023 Decision date: 29 August 2023 Jurisdiction: Occupational Division Before: Hennessy ADCJ, Deputy President Decision: 1. Under s 50 of the Civil and Administrative Tribunal Act 2013 (NSW) a hearing is dispensed with. 2. The Respondent is to pay 75% of the Appellant's costs as agreed or assessed. Catchwords: COSTS - who should pay the costs of an appeal under s 160 of Health Practitioner Regulation National Law (NSW) – where Appellant withdrew reliance on an appeal under s 160A at the commencement of the hearing – whether that withdrawal amounts to disentitling conduct Legislation Cited: Health Practitioner Regulation National Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Beran v Medical Council of New South Wales HCCC v Philipiah [2013] NSWCA 342 Jan No 2 v Health Care Complaints Commission [2021] NSWSC 350 HCCC v Philipiah [2013] NSWCA 342 Beran v Medical Council of New South Wales [2023] NSWCATOD 104 Category: Costs Parties: Professor Roy Beran (Appellant) Medical Council of NSW (Respondent) Representation: Counsel: S Maybury (Appellant) H Bennett (Respondent)

Solicitors: Meridian Lawyers (Appellant) Health Care Complaints Commission (Respondent) File Number(s): 2022/00329097