Sadri v Pharmacy Council of New South Wales [2024] NSWCATOD 156

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sadri v Pharmacy Council of New South Wales [2024] NSWCATOD 156 Hearing dates: 19 August 2024 Date of orders: 26 September 2024 Decision date: 26 September 2024 Jurisdiction: Occupational Division Before: H J Dixon SC, Senior Member Decision: (1) Appeal dismissed. (2) Any party seeking an order for costs file and serve submissions in support of such application not exceeding 10 pages in length within 14 days. (3) Any party resisting an application for costs file and serve submissions in opposition to such application not exceeding 10 pages in length within 28 days. (4) Any party filing submissions pursuant to orders 2 or 3 include in such submission whether costs can be determined on the papers without an oral hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. Catchwords: OCCUPATIONS – pharmacy – external appeal against suspension of registration by Pharmacy Council of New South Wales – whether PBS fraud within scope of s 150 of the Health Practitioner Regulation National Law (NSW) - no points of law made out Legislation Cited: Civil and Administrative Tribunal Act 2013, s 50(2) Health Practitioner Regulation National Law (NSW), ss 3A, 41O, 150, 150D, 159, 159B Poisons and Therapeutic Goods Act 1996 Poisons and Therapeutics Goods Regulation 2008, cl 55, 75, 85, 88, 89, 95, 96, 112, 113, 176, 177 Cases Cited: Attai v Psychology Council of New South Wales [2022] NSWCATOD 136 Callan v Medical Board of Australia [2024] NSWSC 336 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 Ghosh v Medical Council of New South Wales (2020) 102 NSWLR 303 Health Care Complaints Commission v Do [2014] NSWCA 307 Karimi v Medical Council of New South Wales [2017] NSWCATOD 180 Lindsay v New South Wales Medical Board [2008] NSWSC 40 Medical Council of New South Wales v Smithson [2021] NSWCA 53 Medical Council of New South Wales v Schwartz [2022] NSWCATOD 80 Pridgeon v Medical Council of New South Wales [2022] NSWCA 60; 108 NSWLR 263 Reimers v Medical Board of Australia [2024] NSWCA 164 Re Minister for Immigration and Multicultural Affairs; Ex Parte Lam (2003) 214 CLR 1 Texts Cited: None Category: Principal judgment Parties: Negina Sadri (Appellant) Pharmacy Council of New South Wales (Respondent) Representation: Counsel: T Flaherty (Appellant) O R Jones (Respondent)