Attia v Health Care Complaints Commission [2017] NSWSC 178

Supreme Court New South Wales

Medium Neutral Citation: Attia v Health Care Complaints Commission [2017] NSWSC 178 Hearing dates: 20, 22, 24 February 2017 Decision date: 03 March 2017 Jurisdiction: Common Law Before: McCallum J Decision: Plaintiff's application for a stay and alternatively an interlocutory order reinstating the plaintiff's registration as a pharmacist refused; plaintiff ordered to pay the defendant's costs Catchwords: ADMINISTRATIVE LAW – appeal from decision of the Civil and Administrative Tribunal that the plaintiff's registration as a pharmacist be cancelled – where cancellation order implemented by a separate statutory agency prior to commencement of appeal – application for interlocutory restorative injunction – whether Court has power to order the agency to reinstate the plaintiff's name to the register pending determination of the appeal – factors relevant to the exercise of any such discretion Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW) s 60(2) Civil and Administrative Tribunal Act 2013 (NSW), s 61, s 63 Civil and Administrative Tribunal Regulation 2013 (NSW), reg 9 Health Practitioner Regulation National Law (NSW) Cases Cited: Australian Broadcasting Corporation v O'Neill [2006] HCA 46 AVS Group of Companies Pty Ltd v Commissioner of Police (2010) 78 NSWLR 302; [2010] NSWCA 81 Deano v Health Care Complaints Commission [2011] NSWSC 1570 Health Care Complaints Commission v Attia [2016] NSWCATAD 309 Health Care Complaints Commission v Attia (No 2) [2017] NSWCATOD 25 Lucire v Health Care Complaints Commission [2011] NSWCA 99 McBride v Walton (Court of Appeal (NSW), Handley JA, 27 August 1993, unrep) McClymont v The Owners-Strata Plan No 12139 [2009] NSWSC 276 Russo v Legal Services Commissioner [2016] NSWCA 95 Category: Procedural and other rulings Parties: Mina Attia (plaintiff) Health Care Complaints Commission (defendant) Australian Health Practitioner Regulation Agency (proposed second defendant) Representation: Counsel: T Flaherty (plaintiff) L Fernandez (defendant) K J Young (proposed second defendant)