Quach v New South Wales Civil and Administrative Tribunal [2015] NSWCA 63

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Quach v New South Wales Civil and Administrative Tribunal [2015] NSWCA 63 Hearing dates: 11 March 2015 Decision date: 24 March 2015 Before: Basten JA at [1]; Ward JA at [2]; Sackville AJA at [3] Decision: Proceedings 2015/48269 1. The summons filed on 11 February 2015 (First Summons) be dismissed. 2. The motion filed on 4 March 2015 (First Motion) be dismissed. 3. The Applicant pay the costs of the Second Respondent (HCCC) of the First Summons and the First Motion.

Proceedings 2015/67618 1. The summons filed on 25 February 2015 (Second Summons) be dismissed. 2. The motion filed on 25 February 2015 (Second Motion) be dismissed. 3. The Applicant pay the costs of the Respondent (HCCC) of the Second Summons and the Second Motion. Catchwords: ADMINISTRATIVE LAW – judicial review - whether New South Wales Civil and Administrative Tribunal (NCAT) has jurisdiction to hear Notice of Complaint lodged in Medical Tribunal prior to its abolition – application of transitional provisions – whether Medical Tribunal proceedings were "unheard" – whether NCAT has power to impose conditions by way of interlocutory order –whether principal member sitting alone by consent of the parties had power to make orders - whether this Court should grant relief before tribunal determines final orders - whether Health Care Complaints Commission should be removed as a party to proceedings Legislation Cited: Civil and Administrative Legislation (Repeal and Amendment) Act 2013 (NSW) (repealed) Civil and Administrative Tribunal Act 2013 (NSW), ss 7(1), 7(2)(a); Sch 1 Pt 2 cll 2(1), 3, 6, 7; Sch 5 Pt 6 cll 29(1)(d), 29(2)(b), 29(4)(b), 29(6)(a) Court Suppression and Non-Publication Orders Act 2010 (NSW), ss 7, 8 Health Care Complaints Act 1993 (NSW), Sch 4 Pt 4 cl 12(1) Health Practitioner Regulation (Adoption of National Law) Act 2009 (NSW), Sch 1 [13] Health Practitioner Regulation National Law (2009 No 86a) (NSW) (as in force 31 December 2013), ss 165, 165A, 166, 167E Health Practitioner Regulation National Law (2009 No 86a) (NSW) (Current), Pt 8 (Div 3 Subdiv 6 and ss 145D, 149A, 150, 165B, 165L, 165M); Sch 5A Pt 2 cl 4 Health Registration Legislation Amendment Act 2004 (NSW) (Repealed) Medical Practice Act 1992 (NSW), s 66 (repealed) Supreme Court Act 1970 (NSW), ss 48(2), 51(1)(b), 69