Kesserwani v Chiropractic Council of NSW [2015] NSWCATOD 77

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kesserwani v Chiropractic Council of NSW [2015] NSWCATOD 77 Hearing dates: 14 July 2015 Decision date: 22 July 2015 Jurisdiction: Occupational Division Before: R Titterton, Senior Member Dr R Engel, Professional Member Dr S Philipson, Professional Member Y Rowling, Lay Member Decision: The application for a stay is dismissed Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL – Occupational Division – Stay – additional principle in NSW – protection of health and safety of the public the paramount consideration Legislation Cited: Health Care Complaints Act 1993 Health Practitioner Regulation National Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation (Adoption of National Law) Act 2009 Cases Cited: Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 Category: Principal judgment Parties: Dr W Kesserwani The Chiropractic Council of NSW Representation: Counsel: D Elliott (Appellant) P Griffin (Respondent)

Solicitors: Gerard Malouf and Partners (Appellant) L Martin, Health Professional Councils Authority (Respondent) File Number(s): 1520123 Publication restriction: The Tribunal made a non-publication order, pending the hearing of the appeal, prohibiting the disclosure of the name of the author of the complaint dated 12 June 2015 to the Health Care Complaints Commission.