NG v Chinese Medicine Board of Australia [2017] NSWCATOD 36

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NG v Chinese Medicine Board of Australia [2017] NSWCATOD 36 Hearing dates: By written submissions dated 2 March 2017, 3 March 2017 and 10 March 2017. Determined "on the papers" Date of orders: 15 March 2017 Decision date: 15 March 2017 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Decision: 1. The appeal lodged on 2 December 2016 is dismissed. 2. The Chinese Medicine Board is to pay Ms Wun Fan Ng's costs up to and including 24 February 2017 as agreed and failing agreement as assessed under the Legal Profession Uniform Law 2014 (NSW). 3. Each party is to pay their own costs incurred after 24 February 2017. Catchwords: PROFESSIONS AND TRADES – Where health practitioner has appealed against conditions placed on her registration – where the Chinese Medical Board concedes an error in imposing conditions and has caused removal of conditions from the Register maintained by the Australian Health Practitioner Regulation Agency – Whether appeal is frivolous or vexatious or misconceived or lacking in substance – Consideration of objects of Civil and Administrative Tribunal Act 2013 (NSW) and of the Health Practitioner Regulation National Law - whether dismissal of appeal would deny appellant procedural fairness. Where continuation of appeal will not result in a practical outcome. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law Legal Profession Uniform Law 2014 (NSW) Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 Assal v Department of Health Housing and Community Services (1992) EOC 92 93-409 AVS Group Australia Pty Ltd and Tony Sleiman v Commission of Police [2012] NSWADTAP 24 Cocks MacNish & Anor v Biundo [2004] WASCA 194 Coyne v Comcare Australia [1995] 37 ALD 553 D'Amore v Independent Commission Against Corruption [2013] NSWCA 187 Fearnley v Australian Fisheries Management Authority [2006] FCAFC 3 Fox v Commissioner of Police [2016] NSWCATAD 77 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Langley v Niland [1981] 2 NSWLR 104 Minister for Immigration v Eshetu (1999) 197 CLR 611 State Electricity Commissioner of Victoria v Rabel [1998] 1 VR 102 Williams and Australian Electoral Commission and the Greens (Party Joined) [1995] AATA 160 Ybasco v Director General, Department of Transport [1999] NSWADT 28 Zouk v The Owners of Strata Pan 4521 [2005] NSWSC 845 Category: Procedural and other rulings Parties: Wun Fan Catherine Ng (Appellant) Chinese Medical Board (Respondent) Representation: Solicitors: Peter Robinson (Appellant) Crown Solicitor's Office (Respondent) File Number(s): 2016/00378834 Publication restriction: Nil