Shah v Health Care Complaints Commission (No 2) [2016] NSWCATOD 102

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shah v Health Care Complaints Commission (No 2) [2016] NSWCATOD 102 Hearing dates: On the papers Date of orders: 09 August 2016 Decision date: 09 August 2016 Jurisdiction: Occupational Division Before: A Britton, Principal Member K Eyre, Professional Member B Clarke, Professional Member A Collier, General Member Decision: No order as to costs Catchwords: COSTS –– exercise of the discretion to award costs under cl, Sch 5D to Health Practitioner Regulation National Law (NSW) — application of the "compensatory principle" in reinstatement proceedings PRACTICE AND PROCEDURE — application and submissions made without/outside leave of Tribunal Legislation Cited: Health Practitioner Regulation National Law (NSW) Medical Practice Act 1992 (NSW) Cases Cited: Ameisen v Medical Council of New South Wales [2015] NSWCATOD 49 Bale v Mills [2011] NSWCA 226; 81 NSWLR 498 Eastman v Director of Public Prosecutions (ACT) (2003) 214 CLR 318 Foots v Southern Cross Mine Management Pty Ltd [2007] [2007] HCA 56; (2007) 241 ALR 32 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Shah [2013] NSWNMT 1 Lucire v Health Care Complaints Commission (No 2) [2011] NSWCA 182 NT Power Generation Pty Ltd v Power and Water Authority [2004] HCA 48; (2004) 219 CLR 90 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Ristevski v Medical Council of NSW [2016] NSWCATOD 18 Shah v Health Care Complaints Commission [2014] NSWCATOD 94 Shah v Health Care Complaints Commission [2016] NSWCATOD 68 Category: Costs Parties: Bhavesh Shah (Applicant) Health Care Complaints Commission (Respondent) Representation: Solicitors: NSW Nurses' Association (Applicant) Health Care Complaints Commission (Respondent) File Number(s): 1520217 Publication restriction: It is prohibited to disclose the name of, or any information, or other material that identifies or is likely to lead to the identification of "Patient A".