Bahramy v Medical Council of NSW (No 2) [2015] NSWCATOD 125

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bahramy v Medical Council of NSW (No 2) [2015] NSWCATOD 125 Hearing dates: By way of written submissions filed 5 June 2015, 6 October 2015, 21 October 2015 and 28 October 2015. Date of orders: 09 November 2015 Decision date: 09 November 2015 Jurisdiction: Occupational Division Before: J Boland, ADCJ (Deputy President) Dr M Friend (Professional Member) Dr G Yeo (Professional Member) Ms H Kiel (Lay Member) Decision: 1. Farid Bahramy (previously known as Fareed Bahrami) shall pay the costs and disbursements of the Medical Council of NSW in the sum of $50,000. 2. The costs payable under Order 1 shall be paid within 28 days of this order unless otherwise agreed by the Medical Council of NSW. Catchwords: ADMINISTRATIVE LAW – Civil and Administrative Tribunal Act 2013 (NSW) – Costs. Where order made that unsuccessful applicant pay respondent's costs as agreed or failing agreement as determined by the Tribunal. Where parties cannot agree on quantum of costs. Tribunal determines a fair and reasonable sum to be paid by way of costs and disbursements. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law No 86a (NSW) Surveillance Devices Act 2007 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Colgate Palmolive Company and Colgate-Palmolive Pty Limited v Cussons Pty Limited & Ors [1993] FCA 536 Da Rin v Duffy (No 2) [2014] NSWCATOD 59 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd [1989] FCA 202 Health Care Complaints Commission v Do [2014] NSWCA 307 Qasim v Health Care Complaints Commission [2015]NSWCA 282 Category: Costs Parties: Farid Bahramy (previously known as Fareed Bahramy) Applicant Medical Council of NSW (Respondent) Representation: Mr F Bahramy in person (respondent to costs application) Solicitors: NSW Crown Solicitor (applicant for costs) File Number(s): 1420083 Publication restriction: A non publication order applies in respect of the patients named in a Complaint made under the Medical Practice Act 1992 and dated 31 October 2002.