Balasingham v Health Care Complaints Commission [2024] NSWCA 100

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Balasingham v Health Care Complaints Commission [2024] NSWCA 100 Hearing dates: 7 May 2024 Decision date: 09 May 2024 Before: Ward P; Leeming JA Decision: Summons seeking leave to appeal filed 28 February 2024 dismissed with costs. Catchwords: OCCUPATIONS – health practitioners – findings of unsatisfactory professional conduct and professional misconduct against medical practitioner following Stage 1 hearing – application for leave to appeal – whether case established for grant of leave – where application did not challenge most aspects of decision – whether clear case of error as to concession by expert in cross-examination – where any error was not shown to be anything other than a minor contribution to findings – leave refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), cl 29 of Sch 5 Uniform Civil Procedure Rules 2005 (NSW), r 51.53 Cases Cited: Health Care Complaints Commission v Balasingham [2023] NSWCATOD 174 Category: Principal judgment Parties: Mohanadas Balasingham (Applicant) Health Care Complaints Commission (Respondent) Representation: Counsel: K Smark SC (Applicant) I Chatterjee (Respondent)

Solicitors: Makinson d'Apice Lawyers (Applicant) Health Care Complaints Commission File Number(s): 2023/461042 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Occupational Division Citation: [2023] NSWCATOD 174 Date of Decision: 28 November 2023 Before: Balla ADCJ, Principal Member Dr J Fogarty, Senior Member Dr J Aitken, Senior Member D Telford, General Member File Number(s): 2023/98844