Health Care Complaints Commission v Philipiah [2013] NSWCA 342

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Hearing dates: 3 September 2013 Decision date: 18 October 2013 Before: Meagher JA at [1]; Emmett JA at [2]; Beech-Jones J at [50] Decision: 1. The appeal be allowed. 2. Orders 2, 3, 4, 5, 6 and 8 made by the Medical Tribunal of New South Wales on 28 June 2012 be set aside and, in lieu thereof, the following orders be made: 1. The conditions set out in the Schedule to these reasons be imposed on the registration of the respondent. 2. The respondent pay the Commission's costs of the proceedings before the Tribunal in the sum of $18,279.26. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: MEDICAL PROFESSION - unsatisfactory professional conduct - professional misconduct - where Medical Tribunal suspended doctor's registration indefinitely when it had power to suspend it "for a specified period" - where Medical Tribunal authorised Medical Council to lift suspension if certain conditions imposed by Tribunal satisfied - where Tribunal ordered certain conditions be placed on doctor's practising certificate by Council - where Tribunal ordered that Council fulfil its obligations under the National Law if doctor were to resume practice in New South Wales - whether any or all orders beyond power of Tribunal