Health Care Complaints Commission v Schmidt (No. 2) [2017] NSWCATOD 17

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Schmidt (No. 2) [2017] NSWCATOD 17 Hearing dates: 23 January 2017 Date of orders: 27 January 2017 Decision date: 27 January 2017 Jurisdiction: Occupational Division Before: Marks ADCJ. Principal Member Decision: The appellant is to pay the costs of the respondent in the proceedings in an amount to be assessed by a costs assessor under the legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act, 2014) in default of agreement. Catchwords: Unsuccessful appeal by HCCC – costs - constitution of the Tribunal - held usual rule that costs follow the event not displaced - costs order made Legislation Cited: Health Practitioner Regulation National Law, s165B, cl 13 of Schedule 5D Civil and Administrative Tribunal Act, 2013, s4 Cases Cited: Health Care Complaints Commission v Schmidt [2016] NSWCATOD 145 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Mobile Innovations Limited v Vodafone Pacific Ltd [2003] NSWSC 423 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Category: Costs Parties: Health Care Complaints Commission (Appellant) Dr John Andrew Schmidt (Respondent) Representation: Counsel: M Hall SC (Respondent)

Solicitors: Health Care Complaints Commission (Appellant) Avant Law (Respondent) File Number(s): 1620005 Publication restriction: Non-publication order extending to the identification of any patient of the Respondent and the mother of Patient A