Mahadik v Medical Council of New South Wales [2024] NSWCATOD 163

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mahadik v Medical Council of New South Wales [2024] NSWCATOD 163 Hearing dates: On the Papers Date of orders: 11 October 2024 Decision date: 11 October 2024 Jurisdiction: Occupational Division Before: Coleman SC ADCJ Decision: (1) That, pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) the Tribunal dispenses with a hearing of this application. (2) That the Medical Council of New South Wales pay the costs of Dr Parag Jayant Mahadik from 17 August 2023 to 5 February 2024 as agreed or assessed on a party and party basis. Catchwords: COSTS - review of the conditions attaching to his registration pursuant to ss 150A or 150C of the National Law - Council's changing of position with respect to the conditions which were appropriate to be attached to the Practitioner's registration – not wholly successful – costs follow the event – objective of a costs order is to compensate the party in receipt of such order, rather than to punish the party against whom it is made - each party acted reasonably - neither party was overwhelmingly successful. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) 2009 (NSW) Cases Cited: Hawkesbury District Health Services Limited v Chaker (No. 2) [2011] NSWCA 30 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Waterman v Gerling Australia Insurance Co Pty Limited (No. 2) [2005] NSWSC 1111 Category: Principal judgment Parties: Dr Parag Jayant Mahadik (Applicant) Medical Council of New South Wales (Respondent) Representation: A Saxton (Applicant) C Campbell (Respondent) File Number(s): 2023/00010076