Trinh v Medical Council of New South Wales [2023] NSWCATOD 140

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Trinh v Medical Council of New South Wales [2023] NSWCATOD 140 Hearing dates: On the papers Date of orders: 15 September 2023 Decision date: 15 September 2023 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President Decision: (1) The application under s 159B of the Health Practitioner Regulation National Law (NSW) ('the National Law') for an extension of time within which to bring an external appeal in relation to the decision of 27 October 2021 under s 150 of the National Law is refused. (2) Dr Trinh must pay the costs of the Medical Council of New South Wales of this matter, to be agreed or assessed. Catchwords: OCCUPATIONS — Medical practitioners — Misconduct and discipline – appeal against suspension of registration – whether leave to appeal out of time should be granted – challenge to delegations. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Civil and Administrative Tribunal Rules 2014 Cases Cited: Trinh v Medical Council of New South Wales [2022] NSWCATOD 105 EFQ v Medical Council of New South Wales [2021] NSWCA 167 Roehrich v NSW Medical Board [2004] NSWSC 1264 Bhatia v New South Wales Medical Board [2007] NSWSC 1316 Category: Principal judgment Parties: My Le Trinh (Applicant) Medical Council of New South Wales (Respondent) Representation: Counsel: J Emmett SC/E Dunlop (Applicant) K Richardson SC/I Fraser (Respondent)