Ng v Health Care Complaints Commission [2017] NSWSC 53

Supreme Court New South Wales

Medium Neutral Citation: Ng v Health Care Complaints Commission [2017] NSWSC 53 Hearing dates: 9 September 2016 Date of orders: 10 February 2017 Decision date: 10 February 2017 Jurisdiction: Common Law Before: Davies J Decision: (1) The Summons is dismissed. (2) The Plaintiff is to pay the Defendant's costs. Catchwords: APPEAL AND NEW TRIAL – appeal to the Supreme Court from the Civil and Administrative Tribunal NSW – occupational decision – appeal as of right on question of law – disciplinary proceedings – osteopath – allegation of sexual assault of patient during treatment – denial of assault by osteopath – finding by tribunal that assault occurred – patient's evidence preferred by tribunal – whether grounds of appeal raised an error of law – tribunal not bound by rules of evidence - whether tribunal satisfied to the Briginshaw standard – whether Briginshaw standard applicable – grounds of appeal challenging weight given to evidence – no errors of law demonstrated Legislation Cited: Administrative Appeals Tribunal Act 1975 (Cth) Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Forster v Hunter New England Area Health Service (2010) 77 NSWLR 495; [2010] NSWCA 106 Fraser v Health Care Complaints Commission [2015] NSWCA 421 Health Care Complaints Commission v Ng [2015] NSWCATOD 253 Hill v Repatriation Commission [2005] FCAFC 23; (2005) 218 ALR 251 House v The King (1936) 55 CLR 499 R L & D Investments P/L v Bisby [2002] NSWSC 1082 Rejfek v McElroy (1965) 112 CLR 517 Repatriation Commission v O'Brien (1985) 155 CLR 422 Sullivan v Civil Aviation Safety Authority (2014) 226 FCR 555; [2014] FCAFC 93 Warner (in his capacity as joint and several liquidator of Bellpac Pty Ltd (recs and mgrs apptd) (ACN 101 713 017) (in liq)) v Hung (No 2) – [2011] FCA 1123; (2011) 297 ALR 56 Category: Principal judgment Parties: Sow Kuan Ng (Plaintiff) Health Care Complaints Commission (Defendant) Representation: Counsel: M Windsor SC (Plaintiff) C O"Donnell SC (Defendant)