Hutt v Medical Board of Australia; Porter v Medical Board of Australia [2023] NSWCATOD 145

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hutt v Medical Board of Australia; Porter v Medical Board of Australia [2023] NSWCATOD 145 Hearing dates: 3 July and 6 July 2023 Date of orders: 28 September 2023 Decision date: 28 September 2023 Jurisdiction: Occupational Division Before: The Hon T Sheahan ADCJ, Principal Member Dr D King, Senior Member Dr E Kuan, Senior Member Hon Prof P MacNeill, General Member Decision: (1) The appeals of Drs Hutt and Porter are dismissed. (2) Unless the appellants seek a different order within twenty-one (21) days of the date of publication of these Reasons for decision, they are ordered to pay the costs of the Board. Catchwords: HEALTH – appeal against decision of Medical Board to decline renewal of specialist registration – original registration in error – discretion - costs Legislation Cited: Health Practitioner Regulation National Law (NSW) Medical Practice Act 1992 Health Insurance Act 1973 Cases Cited: Arakkal and Medical Board of Australia [2016] WASAT 130 Arakkal v Medical Board of Australia [2017] WASCA 219 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Texts Cited: Nil Category: Principal judgment Parties: Dr Kathryn Hutt and Dr Scott Porter (Appellants) Medical Board of Australia (Respondent) Representation: Counsel: B W Jellis (Appellants) S Lloyd, SC and O R Jones, Barrister (Respondent)