Bar-Mordecai v Medical Council of NSW (No2) [2015] NSWCATOD 58

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bar-Mordecai v Medical Council of NSW (No2) [2015] NSWCATOD 58 Hearing dates: 16, 17, 18, 19 & 20 March 20151 April 2015 Decision date: 01 April 2015 Jurisdiction: Occupational Division Before: G Mullane, ADCJ, Presiding member Dr S Howle, Professional member Dr S Mares, Professional member A Gray, General member Decision: 1. The application of the Applicant for a reinstatement order is refused and dismissed.

2. Order 1 must not be reviewed until after the expiration of 3 years from this date.

3. The Applicant must pay the costs of the Respondent of and incidental to these proceedings since the application was filed, such costs to be as agreed or as assessed.

4. As the Applicant informed the Tribunal at the hearing that if his application was refused he would consider committing suicide, the Registrar is requested to notify the Applicant's General Practitioner and the Acute Care Team for the Eastern Suburbs Mental Health Services and inform them of these orders and this request. Click here to enter text.

5. The Applicant must pay the costs of the Respondent of or incidental to the proceedings.

6. The amount of the costs payable is to be fixed by a consent order within 14 days of both parties receiving these reasons and otherwise by either party requesting relisting for the amount of the costs to be determined by the Tribunal. Catchwords: Medical practitioner- deregistered in 2000 – review application – reinstatement order refused.Click here to enter text. Legislation Cited: Health Practitioners Regulation National Law(NSW) Click here to enter text. Cases Cited: In Re Dr Michel Jacob Bar-Mordecaiand the Medical Practice Act [2000] NSWMT 6 September 2000; Attorney General v Bar Mordecai [2005] NSWSC 142; Re Michael Bar-Mordecai [2006] NSWMT 10; Re Michael Bar-Mordecai [2009] NSWMT 1; Bennet v Swallow (2010) FamCAFC 100;Click here to enter text. Application of Bar-Mordecai [2012] NSW SC 942; Application of Bar-Mordecai [2013] NSWSC 120; Michael Bar-Mordecai v the Medical Council of NSW [2013] NSWMT 5; Michael Bar-Mordecai [2013] NSWSC 1250; Michael Bar-Mordecai [2013] NSWSC 1265; Attorney General for NSW v Bar-Mordecai [2013] NSW SC 1307; Application of Michael Bar-Mordecai [2013] NSWSC 1286; Application of Michael Bar-Mordecai [2014] NSW SC 414; 579 Mankiewicz v Swallow [2014] FamCA 579; Application of Michael Bar-Mordecai [2014] NSWSC 1202; Bar-Mordecai v Medical Council of NSW [2014] NSWCATOD 142; Bar-Mordecai v Medical Council of NSW [2014] NSW CATOD 158; Zaidi v Health Care Complaints Commission [1998] NSW SC33; Category: Principal judgment Parties: Michael Bar Bar-Mordecai (Applicant) Medical Council of NSW (Respondent) Representation: Counsel: E A Lawson (Respondent)