NSW Medical Board v Dinakar [2009] NSWMT 8

New South Wales Medical Tribunal

CITATION : NSW Medical Board v Dinakar [2009] NSWMT 8 TRIBUNAL: Medical Tribunal PARTIES : New South wales Medical Board (Complainant) Rajesh Dinakar (Respondent) FILE NUMBER(S) : 40014 of 2008 CORAM: Johnstone, DCJ - Toh, Dr S - de Carvalho, Dr V - Houen, Ms J CATCHWORDS: PROFESSIONAL MISCONDUCT - Respondent doctor practising medicine without approved professional indemnity insurance, failing to comply with orders of the Medical Tribunal, and failing to provide information required by the Board relating to his insurance and relating to his failure to complete courses as ordered by the Medical Tribunal - Respondent doctor not currently fit to practise medicine - misconduct requiring de-registration - COSTS - power of the Tribunal to determine costs - the successful party has a "reasonable expectation" of being awarded costs against the unsuccessful party - the presumption is based on the principle that costs are compensatory, and applies to a Medical Tribunal - it is for the losing party to establish a basis for any departure from the usual rule Civil Procedure Act 2005 LEGISLATION CITED: Medical Practice Act 1992 Health Care Liability Act 2001 Allplastics Engineering Pty Ltd v Dornoch Ltd [2006] NSWCA 33 at [34]; Anglo Cyprian Trade Agencies v Paphos Wine Industries [1951] 1 All ER 873 at 874; Arian v Nguyen [2001] NSWCA 5 at [36]; Aussie Ideas Pty Ltd v Tunwind Pty Ltd; Hoddinott v Tunwind Pty Ltd [2006] NSWCA 286; Currabubula Holdings Pty Ltd v State Bank of NSW [2002] NSWSC 232; Dr Douglass v Lawton Pty Ltd (No 2) [2007] NSWCA 90 at [22]; GR Vaughan (Holdings) Pty Ltd v Vogt [2006] NSWCA 263; HCCC v Karalasingham [2007] NSWCA 267 at [67]; CASES CITED: Hilliger v Hilliger (1952) SR (NSW) 105 at 108; Keddy v Foxall [1955] VR 320 at 323-4; Latoudis v Casey (1990) 170 CLR 334; Lollis v Loulatzis [2008] VSC 35 at [28]; NSW v Stanley [2007] NSWCA 330 at [24]; Waterman v Gerling Australia Insurance Co Pty Ltd (No 2) [2005] NSWSC 1111 at [10]; Ohn v Walton (1995) 36 NSWLR 77 at 79; Oshlack v Richmond River Council [1998] HCA 11 at [40], [69], [134]; Williams v Lever (1974) 2 NSWLR 91 at 95 DATES OF HEARING: 9 June 2009 DATE OF JUDGMENT: 23 June 2009 Ms E Raper (Complainant) LEGAL REPRESENTATIVES: Mr W Hadley (Respondent) I V Knight, Crown Solicitor (Complainant) T A Murphy & Co, Solicitors (Respondent) ORDERS: 1. The Respondent's name is removed from the Register of Medical Practitioners; 2. The Respondent is precluded from applying for re-registration until 6 months have passed following his provision of documentary evidence to the Medical Board indicating that he has successfully completed the required Monash courses in "Ethics" and "Issues in General Practice Prescribing"; 3. The Respondent is to pay the Complainant's costs of these proceedings, on the ordinary basis as defined in s 3 of the Civil Procedure Act 2005