Health Care Complaints Commission v Mathad (Section 128 Application) [2017] NSWCATOD 183

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Mathad (Section 128 Application) [2017] NSWCATOD 183 Hearing dates: 29, 30 November 2017, 1, 4 and 5 December 2017 Date of orders: 04 December 2017 Decision date: 04 December 2017 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Dr G Albert, Senior Member Dr K Arnold, Senior Member C Gardiner, General Member Decision: 1. A certificate under s 128 of the Evidence Act 1995 (NSW) is granted to Dr Anil Mathad ("the practitioner") in respect of his answers to questions posed in cross-examination or arising in re-examination from such questions in respect of the patients identified as Patients B, C and D and Person F in the Amended Complaint filed in the Tribunal on 29 November 2017. 2. The practitioner's application for a certificate in respect of any questions posed in cross-examination in respect of the persons identified as Patient A and Person E is refused. 3. The practitioner's application for a certificate under s 128 of the Evidence Act 1995 (NSW) in respect of the Reply dated 6 November 2017, his statement dated 4 November 2017 and supplementary statement dated 28 November 2017 is refused. 4. The practitioners application for a certificate under s 128 of the Evidence Act 1995 (NSW) in respect of any oral evidence in chief is refused. Catchwords: PROFESSIONS AND TRADES – Application for certificates under s 128 of the Evidence Act 1995 (NSW) in proceedings under the Health Practitioner Regulation National Law. Legislation Cited: Civil and Administrative Tribunal Act 2013 Criminal Appeal Act 1912 (NSW) Evidence Act 1995 (Cth) Evidence Act 1995 (NSW) Health Practitioner Regulation National Law Cases Cited: Aiken v Murphy [2011] FamCA 785 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCA 550 Cornwell v The Queen [2007] HCA 12 Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA22, 230 CLR 89 Ferrall and McTaggart as Trustees for the Sapphire Trust and ors v Blynton and Blynton and Attorney-General for the Commonwealth (Intervenor) [2000] FamCA 1442 HCCC v Istephan [2017] NSWCATOD 15 Kalid Kaddour v The Queen [2013] NSWCCA 243 Lucire v Health Care Complaints Commission [2011] NSWCA 99 Medical Council of NSW v Lee [2017] NSWCA 282 Ollis v Melissari [2005] NSWSC 1016 Song v Ying [2010] NSWCA 237 Texts Cited: Odgers S Uniform Evidence Law Category: Procedural and other rulings Parties: Health Care Complaints Commission (Applicant) Dr Anil Kotilingaiah Mathad (Respondent) Representation: Counsel: R Mathur (Applicant) P Aitken (Respondent)