Health Care Complaints Commission v Neale [2024] NSWCATOD 16

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Neale [2024] NSWCATOD 16 Hearing dates: On the papers Date of orders: 9 February 2024 Decision date: 09 February 2024 Jurisdiction: Occupational Division Before: Coleman SC ADCJ Decision: 1. Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) the Tribunal dispenses with an oral hearing of the present application. 2. The Respondent is ordered to pay the Applicant's costs of and incidental to the substantive proceedings as agreed or assessed on a party and party basis. Catchwords: COSTS – where applicant is successful in substantive proceedings – whether respondent should pay applicant's costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) 2009 Health Practitioner Regulation National Law (NSW) 2009 Cases Cited: Health Care Complaints Commission v Brush (No 2) [2015] NSWCATOD 154 Health Care Complaints Commission v CSM [2016] NSWCATOD 125 Health Care Complaints Commission v Livermore [2021] NSWCATOD 115 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Lucire v Health Care Complaints Commission (no 2) [2011] NSWCA 182 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Category: Costs Parties: Health Care Complaints Commission (Applicant) Brian Lewis Neale (Respondent) Representation: Health Care Complaints Commission (Applicant) Mills Oakley (Respondent) File Number(s): 2022/00196128 Publication restriction: Nil