Health Care Complaints Commission v Muthukrishna (No. 2) [2024] NSWCATOD 142

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Muthukrishna (No. 2) [2024] NSWCATOD 142 Hearing dates: On the papers (last submissions received 7 August 2024) Date of orders: 10 September 2024 Decision date: 10 September 2024 Jurisdiction: Occupational Division Before: Seiden SC DCJ, Deputy President Decision: (1) Pursuant to s 50 of the Civil and Administrative Tribunal Act 2013 (NSW), the Tribunal dispenses with a hearing on the issue of costs. (2) The respondent is to pay the applicant's costs as agreed or assessed. Catchwords: COSTS — clause 13 of Sch 5D to the National Law — general rule that costs follow the event — where applicant was largely successful — no disentitling conduct — hearing dispensed under s 50 of the NCAT Act. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) 2009 Cases Cited: Chatoor v Health Care Complaints Commission of NSW [2020] NSWCA 111 Health Care Complaints Commission v Morsingh (No 2) [2023] NSWCATOD 183 Health Care Complaints Commission v Muthukrishna [2024] NSWCATOD 105 Puri v Medical Council of New South Wales (No 2) [2024] NSWCATOD 122 Category: Costs Parties: Health Care Complaints Commission (Applicant) Reshan Muthukrishna (Respondent) Representation: Health Care Complaints Commission (Applicant) Respondent (self-represented) File Number(s): 2024/00029945 Publication restriction: Orders were made by the Tribunal on 24 July 2024 prohibiting the publication of the name of the Friend and the nature and location of Patient A's employment as defined in the reasons for the decision in Health Care Complaints Commission v Muthukrishna [2024] NSWCATOD 105.