Ghosh v Medical Council of New South Wales [2023] NSWCATOD 181

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ghosh v Medical Council of New South Wales [2023] NSWCATOD 181 Hearing dates: 12 October 2023 Date of orders: 08 December 2023 Decision date: 08 December 2023 Jurisdiction: Occupational Division Before: The Hon ADCJ Ainslie-Wallace Decision: 1. The proceedings 2018/00008057 being an appeal against the decision of the Medical Council dated 12 April 2018 and remitted for rehearing by order of the NSW Court of Appeal dated 26 June 2020 be dismissed pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013. 2. Dr Ghosh pay the Applicant's costs of the application. Catchwords: HEALTH – professional registration and discipline – where appeal against Medical Board imposed condition "not to practise" on registration – where the respondent is no longer a registered health practitioner – where appeal lacks substance and is futile – application to dismiss appeal. Legislation Cited: Health Practitioner Regulation National Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Ghosh v Medical Council of New South Wales (2020) 102 NSWLR 303; [2020] NSWCA 122 Texts Cited: None cited. Category: Principal judgment Parties: Medical Council of New South Wales (Applicant) Dr Ratna Ghosh (Respondent) Representation: Counsel: Oliver Jones (Applicant)

Solicitors: Bridget Andersons Health Professional Councils Authority (Applicant) File Number(s): 2018/00008057 Publication restriction: Nil