Bahramy v Medical Council of New South Wales [2015] NSWCA 384

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bahramy v Medical Council of New South Wales [2015] NSWCA 384 Hearing dates: 16 November 2015 Decision date: 07 December 2015 Before: Beazley P; Simpson JA; Tobias AJA Decision: 1. Appeal dismissed;

2. Leave to appeal in respect of the New South Wales Civil and Administrative Tribunal's factual findings is refused;

3. The appellant is to pay the respondent's costs of the appeal. Catchwords: ADMINISTRATIVE LAW – Civil and Administrative Tribunal NSW – appeal on question of law – application for reinstatement of registered medical practitioner – whether Civil and Administrative Tribunal NSW had jurisdiction to make orders dismissing application – whether Civil and Administrative Tribunal NSW had jurisdiction to make orders precluding application for two year period

ADMINISTRATIVE LAW – Civil and Administrative Tribunal NSW – appeal on question of fact – challenge to findings regarding credibility of expert witness Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation (Adoption of National Law) Act 2009 (NSW) Health Practitioner Regulation National Law (NSW) Medical Practice Act 1992 (NSW) Cases Cited: Health Care Complaints Commission v Do [2014] NSWCA 307 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Category: Principal judgment Parties: Farid Bahramy (Appellant) Medical Council of New South Wales (Respondent) Representation: Counsel: In person (Appellant) P Lowson (Respondent)