In Re Dr Prem Rattan Nanda [2005] NSWMT 8

New South Wales Medical Tribunal

CITATION : In Re Dr Prem Rattan Nanda [2005] NSWMT 8 TRIBUNAL: Medical Tribunal PARTIES : Dr Prem Rattan Nanda Health Care Complaints Commission FILE NUMBER(S) : 40019/04 of 2004 CORAM: Sidis, DCJ - Glover, Prof W - Abrahams, Dr - Gleeson, Dr M CATCHWORDS: STAY APPLICATION - delay - other disciplinary matters Medical Practice Act 1992 LEGISLATION CITED: Health Care Complaints Act 1993 Sex Discrimination Act 1984 (Cth) CASES CITED: Jago v the District Court of New South Wales and Others 87 ALR 577 DATES OF HEARING: 28.4.05 DATE OF JUDGMENT: 28 April 2005 LEGAL REPRESENTATIVES: Applicant - M G Lynch Respondent - G F Butler ORDERS: 1. That the application for a stay be dismissed; 2. That the practitioner is to pay the Commission's costs of the application.

JUDGMENT:

In Re Dr Prem Rattan Nanda and the Medical Practice Act 1992

DEPUTY CHAIR PERSON

Judgment – On application for stay

1 In this matter, a number of complaints were issued by the Health Care Complaints Commission on 8 May 2004 against the practitioner Dr Nanda. Complaint 2 related to allegations of sexual misconduct in respect of a young woman identified as Ms B. The practitioner has applied to the Tribunal for a stay in respect of the complaint concerning Ms B.

2 I have explained to the practitioner's legal representative that this court does not have a practice of staying matters; thus, were the Tribunal to be persuaded to do so, the order would be one of dismissal.

3 The application was supported by the affidavit of the practitioner's solicitor, Mr M. In response, the Commission relied upon an affidavit of Ms B.