Health Care Complaints Commission v Mercurio [2017] NSWCATOD 136

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Mercurio [2017] NSWCATOD 136 Hearing dates: 30 August 2017 Date of orders: 30 August 2017 Decision date: 12 September 2017 Jurisdiction: Occupational Division Before: F Marks ADCJ, Principal Member Dr M Cox, Professional Member Dr H Wilson, Professional Member M Kelly, Community Member Decision: (1) The registration of the respondent is cancelled.

(2) The respondent is to pay the costs of the complainant in the sum of $17677.40. Catchwords: Medical practitioner- refusal to terminate proceedings without enquiry- finding of professional misconduct consequent on admission by respondent-registration cancelled- costs order made Legislation Cited: Health Practitioner Regulation National Law Cases Cited: HCCC v Do [2014] NSWCA 307 HCCC v Torrinello [2015] NSWCATOD 90 HCCC v Khan [2014] NSWCATOD 83 HCCC v BQB [2014] NSWCATOD 157 HCCC v Sarfraz [2015] NSWCATOD Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Daniele Mercurio (Respondent) Representation: Counsel: P Lowson (Applicant) A Saxton solicitor (Respondent)

Solicitors: Health Care Complaints Commission (Applicant) Meridian Lawyers (Respondent) File Number(s): 2016/00378836 Publication restriction: Non-publication order of the name of any material which identifies or might tend to identify the name of any patient of the respondent.