Health Care Complaints Commission v Noore [2018] NSWCATOD 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Noore [2018] NSWCATOD 1 Hearing dates: On the Papers Date of orders: 03 January 2018 Decision date: 03 January 2018 Jurisdiction: Occupational Division Before: Cowdroy, ADCJ (Principal Member) Decision: (1) That the orders made in the proceedings be amended to reflect that the respondent is guilty of unsatisfactory professional conduct in respect of complaint 1.

(2) That the provisional order for costs be vacated.

(3) That the respondent pay 50% of the costs of the applicant of and incidental to the proceedings.

(4) Each party is to pay their own costs of this application Catchwords: Costs - unsatisfactory professional conduct - necessity to consider evidence Legislation Cited: Health Practitioner Regulation National Law (NSW); Cases Cited: Arian v Nguyen [2001] NSWCA 5 Goh v Medical Council of NSW [2016] NSWCATOD 92; HCCC v Dinakar [2009] NSWMT 8; HCCC v Dr Mazzaferro [2011] NSWMT 9; Health Care Complaints Commission v Philipiah [2013] NSWCA 342; Latoudis v Casey (1990) 170 CLR 534 Lucire v Health Care Complaints Commission (No 2) [2011] NSWCA 182; NSW v Stanley [2007] NSWCA 330; Ohn v Walton (1995) 36 NSWLR 77; Waterman v Gerling Australia Insurance Co Pty Ltd (No 2) NSWSC 111; Williams v Lewer (1974) 2 NSWLR 91; Category: Costs Parties: Health Care Complaints Commission (Applicant) Dr Faizur Noore (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) TressCox Lawyers (Rspondent) File Number(s): 2017/00138540