Knowles v Pharmacy Council of NSW [2017] NSWCATOD 138

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Knowles v Pharmacy Council of NSW [2017] NSWCATOD 138 Hearing dates: 2 August 2017 Date of orders: 25 September 2017 Decision date: 25 September 2017 Jurisdiction: Occupational Division Before: R C Titterton, Principal Member Decision: (1) The application for the stay of the Decisions of the Council is refused.

(2) Costs are reserved. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUNAL – Occupational Division – Stay – additional principle in NSW – protection of health and safety of the public the paramount consideration Legislation Cited: Health Practitioner Regulation National Law no 86a Cases Cited: Alexander v Cambridge Credit Corp Ltd (1985) 2 NSWLR 658 Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 Burton v Osteopathy Council of New South Wales [2015] NSWCATOD 150 Hanna v Medical Council of NSW [2016] NSWCATOD 108 Kaye v Health Care Complaints Commission [2016] NSWCATOD 268 Kesserwani v Chiropractic Council of NSW [2016] NSWCATOD 77 NSW Bar Association v Stevens [2003] NSWCA 95 Wang v Dental Council of NSW [2016] NSWCATOD 90 Category: Procedural and other rulings Parties: Daryll Knowles (Applicant) Pharmacy Council of NSW (Respondent) Representation: Counsel: R Davis (Applicant) A Horvath (Respondent) File Number(s): 2017/00048413

REASONS FOR DECISION

Introduction 1. This an application of Mr Darryl Knowles for a stay of decisions of the Pharmacy Council of New South Wales (the Council) made on 20 January 2017 and 31 May 2017 (respectively the January 2017 Decision and the May 2017 Decision, collectively the Decisions). The Decisions followed proceedings conducted pursuant to ss 150 and 150A of the Health Practitioner Regulation National Law (the National Law). 2. For the reasons that follow, I have decided to refuse the applicant's application for the stay. The costs of the application are reserved.