Health Care Complaints Commission v Emery (No. 2) [2017] NSWCATOD 23

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Emery (No. 2) [2017] NSWCATOD 23 Hearing dates: On the papers Date of orders: 16 February 2017 Decision date: 16 February 2017 Jurisdiction: Occupational Division Before: R Titterton, Senior Member M Constable, Professional Member L Burns, Professional Member B Smith, General Member Decision: (1) The respondent pay 33% of the Commission's costs of the proceedings.

(2) The Commission pay 67% of the respondent's costs of the proceedings. Catchwords: COSTS – Occupational Division – Health Practitioner List – differential costs order - where complaints of unsatisfactory professional conduct and professional misconduct not proven – where complaint of impairment proven – broad brush approach Legislation Cited: Civil and Administrative Tribunal Act 2013 Health Practitioner Regulation National Law NSW No 86a Cases Cited: Anstee v Jennings [1935] VLR 144 Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd (No 2) [2014] NSWCA 219 Harrington Estates (NSW) Pty Ltd t/as Harrington Grove Country Club v Turner [2016] NSWCA 369 Health Care Complaints Commission v Emery [2017] NSWCATOD 11 Health Care Complaints Commission v Phlipiah [2013] NSWCA 342. Latoudis v Casey (1990) 170 CLR 534 Monie v Commonwealth of Australia (No.2) [2008] NSWCA 15. Qasim v Health Care Complaints Commission [2015] NSWCA 282 Waters v P C Henderson (Australia) Pty Ltd (NSW Court of Appeal, 6 July 1994, unreported) Category: Principal judgment Parties: Health Care Complaints Commission (Complainant) Daniel Travis Emery (Respondent) Representation: Counsel: A Petrie (Health Care Complaints Commission) (Complainant)