Health Care Complaints Commission v Luo (No 2) [2025] NSWCATOD 7

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Luo (No 2) [2025] NSWCATOD 7 Hearing dates: 13 and 14 May 2024 Date of orders: 30 January 2025 Decision date: 30 January 2025 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member Decision: (1) The respondent's application for summary dismissal is dismissed. (2) The respondent's challenge to the expertise of the applicant's expert witness Dr Carolyn Ee is dismissed, and Dr Ee's three reports relied on by the applicant may be tendered subject to objections by the respondent as to their content and relevance. (3) Costs are reserved. Catchwords: PRACTICE AND PROCEDURE – application for summary dismissal – challenge to expertise of expert Legislation Cited: Civil and Administrative Act 2013 (NSW), s 55 Health Care Complaints Act 1992 (NSW), ss 3, 4, 13 Health Practitioner Regulation National Law (NSW), ss 145, 145C, 145D, 149C, 243; cl 2 of Sch 5D Cases Cited: BDK v Department of Education and Communities [2015] NSWCATAP 129 Health Care Complaints Commission v Bainbridge [2018] NSWCATOD 169 Health Care Complaints Commission v Clarke [2022] NSWCATOD 55 Health Care Complaints Commission v Hill [2022] NSWCA 270 Health Care Complaints Commission v Hill [2022] NSWCA 270 Health Care Complaints Commission v Kavierieris [2024] NSWCATOD 40 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Health Care Complaints Commission v Luo [2025] NSWCATOD 5 Lucire v Health Care Complaints Commission [2011] NSWCA 99 Category: Procedural rulings Parties: Health Care Complaints Commission (Applicant) Yun Sen Luo (Respondent) Representation: Counsel: P Aitken (Applicant)