Shuquan Liu v Health Care Complaints Commission [2018] NSWSC 315

Supreme Court New South Wales

Medium Neutral Citation: Shuquan Liu v Health Care Complaints Commission [2018] NSWSC 315 Hearing dates: 14 November 2017 Date of orders: 12 March 2018 Decision date: 12 March 2018 Before: Wilson J Decision: (1) Extend the time in which the appeal is to be filed to 14 November 2017. (2) Dismiss ground 1. (3) Uphold ground 2. (4) Set aside the findings and orders of the Civil and Administrative Tribunal in the matter of Health Care Complaint Commission v Liu, [2017] NSWCATOD 18 made on 27 January 2017, and [2017] NSWCATOD 88 made on 2 June 2017. (5) Remit the matter to the Civil and Administrative Tribunal for further hearing according to law, to determine whether the facts found by the Tribunal amount to unsatisfactory professional conduct. (6) Subject to order 7, costs of these proceedings on an ordinary basis in favour of the plaintiff. (7) Should any party wish to be further heard as to costs, submissions in writing are to be filed and served within 14 days from the date of these orders. In the absence of any submissions filed by either party, order 6 will take effect. Catchwords: HEALTH PRACTITIONERS – disciplinary proceedings before the NSW Civil and Administrative Tribunal – practice of Chinese medicine – finding of unsatisfactory professional conduct – imposition of conditions on registration as practitioner of Chinese medicine – appeal against decisions – asserted error of law - question of significance of drafting of complaint – whether complainant's attitude to significance of particulars binds Tribunal – whether plaintiff denied procedural fairness by failure to warn of the possibility that a finding of unsatisfactory professional conduct may be made on a basis other than that asserted by complainant Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: CSR Limited v Eddy (2008) 70 NSWLR 725 Health Care Complaints Commission v Liu [2017] NSWCATOD 18 Health Care Complaints Commission v Liu [2017] NSWCATOD 88 King v Health Care Complaints Commission [2011] NSWCA 353 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex Parte Lam (2003) 214 CLR 1 Category: Principal judgment Parties: Plaintiff – Shuquan Liu Defendant – Health Care Complaints Commission Representation: Counsel: Plaintiff – Mr SJ Free with Mr Michael Forgacs Defendant – Mr AT Britt