Winter v Medical Council of New South Wales [2024] NSWCATOD 100

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Winter v Medical Council of New South Wales [2024] NSWCATOD 100 Hearing dates: 11 July 2024 Date of orders: 11 July 2024 Decision date: 11 July 2024 Jurisdiction: Occupational Division Before: Levy SC ADCJ, Principal Member Decision: (1) Leave to the appellant to withdraw his appeal with the consequence that the appeal is dismissed. (2) Pursuant to cl 13 of Schedule 5D of the Health Practitioner Regulation National Law (NSW), the Tribunal makes no order as to costs. Catchwords: OCCUPATIONS — registration of medical practitioners — appeal by suspended general medical practitioner pursuant to s 159 of the National Law — appellant's late application to withdraw and dismiss his appeal — appellant conceded cognitive impairment — grant of leave to withdraw appeal — order that appeal be dismissed COSTS — consideration of appropriate order for costs on withdrawal and dismissal of appeal — no order as to costs Legislation Cited: Health Practitioner Regulation National Law (NSW) 2009, s 3, s 3A, s 3B, s 150, s 150(1)(c), s 159(1)(a), cl 13 of Sch 5D Cases Cited: House v The King (1936) 55 CLR 499; [1936] HCA 40 Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 Mahenthirasa v State Rail Authority of NSW (No 2) (2008) 72 NSWLR 73; [2008] NSWCA 201 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Category: Principal judgment Parties: Frank Winter (Appellant) Medical Council of New South Wales (Respondent) Representation: Appellant (self-represented)