Health Care Complaints Commission v Chowdhury (No 2) [2015] NSWCATOD 127

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Chowdhury (No 2) [2015] NSWCATOD 127 Hearing dates: 10 August 2015 Decision date: 11 November 2015 Jurisdiction: Occupational Division Before: K O'Connor ADCJ AM, Deputy President Dr M Higgins, Professional Member Dr M Diamond, Professional Member J Houen, Lay Member Decision: 1. That the respondent's registration be cancelled, to take effect seven days after the date of these orders. That the respondent not be permitted to apply for review of the order for a further two years. 2. That the respondent pay the applicant's costs of the proceedings. Catchwords: PROFESSIONAL DISCIPLINE – Medical Profession – Non-compliance with conditions of registration – Finding of Professional Misconduct – Appropriate Order. Legislation Cited: Health Practitioner Regulation National Law (NSW) No 86a Cases Cited: Clyne v NSW Bar Association (1960) 104 CLR 186 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 NSW Bar Association v Meakes [2006] NSWCA 340 Re Dr Than Le, unreported, NSWMT, 20 September 2001 Prakash v HCCC [2006] NSWCA 6 Ex p Tziniolis (1996) 67 SR (NSW) 448 HCCC v Fraser (No 2) [2014] NSWCATOD 84 Qasim v Health Care Complaints Commission [2015] NSWCA 282 at [85] Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Swapan Chowdhury (Respondent) Representation: Counsel: C O'Donnell (Applicant) P Blacket SC (Respondent)