Health Care Complaints Commission v Murray [2024] NSWCATOD 178

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Murray [2024] NSWCATOD 178 Hearing dates: 25 October 2024 Date of orders: 31 October 2024 Decision date: 31 October 2024 Jurisdiction: Occupational Division Before: Seiden SC DCJ, Deputy President Decision: (1) To the extent necessary, leave to withdraw the Complaint is granted. (2) The inquiry is terminated pursuant to cl 12 of Sch 5D to the Health Practitioner Regulation National Law (NSW) 2009 (NSW). (3) There be no order as to costs. (4) The matter is otherwise dismissed pursuant to s 55(1)(a) of the Civil and Administrative Act 2013 (NSW). Catchwords: OCCUPATIONS — practice and procedure — where service has not been effected on the respondent — whether it is in the public interest to terminate the disciplinary inquiry — whether an inquiry terminated before determining merits could be re-enlivened Legislation Cited: Civil and Administrative Tribunal 2013 (NSW) Health Care Complaints Act 1993 Health Practitioner Regulation National Law (NSW) 2009 (NSW) Cases Cited: Health Care Complaints Commission v Grygiel (Termination Application) [2020] NSWCATOD 53 Health Care Complaints Commission v Khan [2014] NSWCATOD 83 Health Care Complaints Commission v Pearson [2018] NSWCATOD 59 Health Care Complaints Commission v Rayamajhi [2024] NSWCATOD 107 Health Care Complaints Commission v Singh [2016] NSWCATOD 85 Linprint Pty Ltd v Hexham Textiles Pty Ltd (1991) 23 NSWLR 508 UBS AG v Tyne (2018) 265 CLR 77; [2018] HCA 45 Zetta Jet Pte Ltd v The Ship "Dragon Pearl" (No 2) (2018) 265 FCR 290; [2018] FCAFC 132 Puri v Medical Council of New South Wales [2024] NSWCATOD 87 Puri v Medical Council of New South Wales (No 2) [2024] NSWCATOD 122 Texts Cited: Nil Category: Procedural rulings Parties: Health Care Complaints Commission (applicant) Alyson Mary Murray (respondent) Representation: Health Care Complaints Commission (applicant) Respondent (self-represented) (no appearance) File Number(s): 2023/00451546 Publication restriction: Nil