Kaye v Health Care Complaints Commission [2016] NSWCATOD 149

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kaye v Health Care Complaints Commission [2016] NSWCATOD 149 Hearing dates: 18 November 2016 Date of orders: 22 November 2016 Decision date: 22 November 2016 Jurisdiction: Occupational Division Before: R C Titterton, Senior Member Decision: (1) The application for the stay is refused. (2) Costs are reserved. (3) The matter is listed for directions on Friday, 9 December 2016 at 11.00 am. Catchwords: Stay - relevant principles – no question of principle Legislation Cited: Administrative Decisions Review Act 1997 Health Practitioner Regulation National Law 2009 Health Care Complaints Act 1993 Cases Cited: Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 Bryant v Commonwealth Bank of Australia (1996) 70 ALJR 306 Hanna v Medical Council of NSW [2016] NSWCATOD 108 Kesserwani v Chiropractic Council of NSW [2016] NSWCATOD 77 NSW Bar Association v Stevens [2003] NSWCA 95 Polini v Gray (1879) 12 Ch D 438 Wang v Dental Council of NSW [2016] NSWCATOD 90 Category: Procedural and other rulings Parties: Ali Davut Sarikaya (aka David Dakye) (Applicant) Health Care Complaints Commission (Respondent) Representation: Counsel: J Cohen (Applicant) V Hartstein (Respondent) File Number(s): 1610708 Publication restriction: The Tribunal made a non-publication order, pending the hearing of the appeal, prohibiting the disclosure of the name of "Client A" who filed a complaint dated with the Australian Health Practitioner Regulation Agency on 11 September 2014.