Caruana v Dental Council of New South Wales [2024] NSWCATOD 63

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Caruana v Dental Council of New South Wales [2024] NSWCATOD 63 Hearing dates: On the papers after 3 May 2024 Date of orders: 15 May 2024 Decision date: 15 May 2024 Jurisdiction: Occupational Division Before: ADCJ Hennessy, Deputy President Decision: (1) Under s 50 of the Civil and Administrative Tribunal Act 2013, a hearing is dispensed with. (2) Under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013, the appeal is dismissed as lacking in substance. (3) Under clause 13 of Schedule 5D to the Health Practitioner Regulation National Law, NSW Mr Caruana is to pay the Dental Council's costs of preparing the matter for hearing to 26 November 2021 and the Dental Council's costs of applying for the appeal to be dismissed. Catchwords: CIVIL PROCEDURE – dismissal as lacking in substance – where appeal, even if successful, will have no practical effect COSTS – where proceedings under the Health Practitioner Regulation National Law (NSW) are dismissed as lacking in substance Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law NSW Cases Cited: Caruana v Dental Council of NSW (No 2) [2021] NSWCATOD 193 Davis v NSW Minister for Health [2023] NSWCATAP 211 Health Care Complaints Commission v Caruana [2024] NSWCATOD 13 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Category: Principal judgment Parties: Richard Caruana (Appellant) Dental Council of New South Wales (Respondent) Representation: Counsel: