BCS v Dental Council of NSW (No 2) [2016] NSWCATOD 9

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BCS v Dental Council of NSW (No 2) [2016] NSWCATOD 9 Hearing dates: On the papers Date of orders: 28 January 2016 Decision date: 28 January 2016 Jurisdiction: Occupational Division Before: A Britton, Principal Member Dr A Lang, Professional Member Dr F Wright, Professional Member Dr C Berglund, Occasional Member Decision: Pursuant to cl 7 of Schedule 5D to the Health Practitioner Regulation National Law (NSW), the disclosure of the appellant's name is restricted to the parties and their representatives, and to any other persons or bodies where disclosure is necessary for the effective implementation and administration of the orders made in these proceedings. Order 7 made by the Tribunal on 9 November 2015 is revoked. The appellant is to pay the respondent's costs of the proceedings. Catchwords: PRACTICE AND PROCEDURE — principles of open justice — whether appropriate to order the suppression of name of health practitioner COSTS — principles applying to awarding costs under the Health Practitioner Regulation National Law (NSW) — presumption that the successful party is ordinarily entitled to recover its costs Legislation Cited: Health Practitioner Regulation National Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: BCS v The Children's Guardian [2014] NSWCATAD 81 BCS v NSW Civil and Administrative Tribunal [2015] NSWSC 125 HCCC v Dr Gow (Suppression order) [2008] NSWMT 3; Health Care Complaint Commission v Vo [2014] NSWCATOD 127 HCCC v Simring (Suppression Order) [2010] NSWMT 6 Health Care Complaints Commission v BXD (No 2) Health Care Complaints Commission v Dr A [2012] NSWMT 10 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Lucire v Health Care Complaints Commission (No 2) [2011] NSWCA 182 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Qasim v Health Care Complaints Commission [2015] NSWCA 282 TK v R [2009] NSWCCA 151 Category: Procedural and other rulings Parties: BCS (Applicantt) Dental Council of Australia (respondent) Representation: Counsel: P Griffin SC (Applicant) B Baker (Respondent)