Health Care Complaints Commission v Morsingh (No 2) [2023] NSWCATOD 183

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Morsingh (No 2) [2023] NSWCATOD 183 Hearing dates: On the papers Date of orders: 14 December 2023 Decision date: 14 December 2023 Jurisdiction: Occupational Division Before: Hennessy ADCJ, Deputy President Dr J Fogarty, Senior Member Dr S Cowap, Senior Member D Telford, General Member Decision: 1. The Respondent is to pay 20% of the Applicant's costs as agreed or assessed. 2. The Respondent's application for costs is dismissed. Catchwords: COSTS – where Health Care Complaints Commission failed to prove majority of allegations of unsatisfactory professional conduct – where Health Care Complaints Commission failed to prove professional misconduct – what is "the event" and who is the successful party – whether Tribunal should depart from the general rule that costs follow "the event" Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Morsingh [2023] NSWCATOD 118 Health Care Complaints Commission v Morsingh [2023] NSWCATOD 161 Furber v Stacey [2005] NSWCA 242 Windsurfing International Inc v Petit (1987) AIPC 90-441 James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 Waterman v Gerling Australia Insurance Co Pty Ltd (No 2) [2005] NSWSC 1111 Lucire v Health Care Complaints Commission (No 2) [2011] NSWCA 182 Chatoor v Health Care Complaints Commission of NSW [2020] NSWCA 111 Galati v Deans (No 3) [2018] NSWSC 1861 Texts Cited: None cited Category: Costs Parties: Health Care Complaints Commission (Applicant) Raymond Morsingh (Respondent) Representation: Counsel: S McCarthy (Applicant) A Rizk (Respondent)