NSW Caselaw
New South Wales Medical Tribunal
CITATION : HCCC v Dr Kalarostaghi [2009] NSWMT 2 TRIBUNAL: Medical Tribunal PARTIES : Health Care Complaints Commission Dr Ali Hooman Kalarostaghi FILE NUMBER(S) : 40003 of 2008 CORAM: Ainslie-Wallace, DCJ - Wright, Dr J M - Ng, Dr J - Kiel, Ms H CATCHWORDS: Impairment - Mental illness - Self-prescription - Prescription for relatives - Prescription in the names of other people for own use Medical Practice Act 1992 LEGISLATION CITED: Medical Practice Regulations Poisons and Therapeutic Goods Act 1966 Poisons and Therapeutic Goods Regulations Briginshaw v Briginshaw (1938) 60 CLR 362; CASES CITED: Director-General, Department of Community Services; re Sophie [2008] NSWCA 250; Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 67 ALJR 170; Rajagopalan v Medical Board of South Australia (unreported) Full Court Supreme Court SA 5.5.2998 DATES OF HEARING: 3 to 6 November 2008, 14 November 2008, 19 December 2008, 6 to 8 July 2009 DATE OF JUDGMENT: 27 August 2009 I Bourke of counsel LEGAL REPRESENTATIVES: Instructed by Health Care Complaints Commision J R Young of counsel Instructed by Avant Law ORDERS: 1 The respondent's name be removed from the register of Medical Practitioners and he not be permitted to apply for registration for a period of TWO YEARS from the date of the order; 2 The respondent pay the complainant's costs
JUDGMENT: THE MEDICAL TRIBUNAL Thursday 27th August 2009 OF NEW SOUTH WALES AT SYDNEY
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