Health Care Complaints Commission v Dr Sudath [2013] NSWMT 2

Medical Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Dr Sudath [2013] NSWMT 2 Hearing dates: 18/02/2013-21/02/2013 Decision date: 22 February 2013 Jurisdiction: Civil Before: Elkaim SC DCJ Dr K Ilbery Dr V de Carvalho Ms C Berglund (PhD) Decision: Direct the deregistration of Dr Sudath Catchwords: Doctor convicted of serious offences. Unsuccessful challenge to the facts of the offences. Legislation Cited: Crimes Act 1900 Health Practitioner Regulation National Law (NSW) (No 86a) Medical Practice Act 1992 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 General Medical Council v Spackman [1943] AC 627 Sudath v R [2008] NSWCCA 207 Sudath v HCCC [2012] NSWCA 171 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Aron Kondasinghe Sudath (Respondent) Representation: P M Strickland SC and E Brus (Applicant) P R Boulten SC and M G Ainsworth (Respondent) Health Care Complaints Commission (Applicant) TressCox Lawyers (Respondent) File Number(s): 400204/2008 Publication restriction: Yes

Judgment

Introduction 1The proceedings before the Tribunal are brought by the Health Care Complaints Commission (the "HCCC"). The HCCC seeks resolution of two complaints. For convenience the Further Amended Notice of Complaint is annexed to this decision. 2The respondent has consented to the Tribunal dealing with both the establishment of the complaints and, if proved, the imposition of protective orders. 3The Tribunal is acutely aware of the seriousness of the allegations put by the HCCC and the long reaching effect of the orders open to it. Accordingly it has approached the evidence on the basis of the standard of proof prescribed in Briginshaw v Briginshaw (1938) 60 CLR 336.