NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Sadri v Pharmacy Council of New South Wales [2024] NSWSC 1611 Hearing dates: 29 November 2024 Date of orders: 16 December 2024 Decision date: 16 December 2024 Jurisdiction: Common Law Before: Elkaim AJ Decision: 1. The Summons filed on 15 October 2024 is dismissed. 2. The plaintiff is to pay the defendant's costs of the proceedings. 3. The parties have leave to make submissions in respect of the costs order. Catchwords: ADMINISTRATIVE LAW — correct application of s 150 of the Health Practitioner Regulation National Law 2009 (NSW) — whether the council impermissibly duplicated matters in both limbs of s 150 — whether the council combined its concerns expressed under both limbs to decide it was appropriate to suspend the plaintiff's registration — whether an error of law was made — whether the error was material — held summons dismissed Legislation Cited: Health Practitioner Regulation National Law 2009 (NSW), s 150 Cases Cited: Ghosh v Medical Council of NSW (2020) 102 NSWLR 303; [2020] NSWCA 122 Kirby v Dental Council of NSW [2020] NSWCA 91 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2024] HCA 12 Medical Council of NSW v Smithson [2021] NSWCA 53 Pridgeon v Medical Council of New South Wales [2022] NSWCA 60 Sadri v Pharmacy Council of New South Wales [2024] NSWCATOD 156 Category: Principal judgment Parties: Negina Sadri (Plaintiff) Pharmacy Council of New South Wales (Defendant) Representation: Counsel: Mr T Flaherty (Plaintiff) Ms M Hall (Defendant) Mr D Monteith (Defendant) Solicitors: Bennett & Philp Lawyers (Plaintiff) Health Professional Councils Authority (Defendant) File Number(s): 2024/382230 Publication restriction: No Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Occupational Division Citation: [2024] NSWCATOD 156 Date of Decision: 26 September 2024 Before: H J Dixon SC, Senior Member File Number(s): 2024/00235253
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