Health Care Complaints Commission v Metelerkamp (No 2) [2018] NSWCATOD 66

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Metelerkamp (No 2) [2018] NSWCATOD 66 Hearing dates: 12 and 26 April 2018, (written submissions) Date of orders: 08 May 2018 Decision date: 08 May 2018 Jurisdiction: Occupational Division Before: The Hon F Marks Principal Member Decision: 1. The complainant is to pay the costs of the respondent thrown away by reason of the amendment to the proceedings by which the complainant abandoned the allegation that the respondent "failed to provide adequate or appropriate psychological services for patient A" in that she prepared a report for the patient's application for partial permanent disability benefits approximately six weeks after ceasing treatment of the patient and having failed to test and review the patient's "current level of functioning in any objective way since approximately July 2013", such costs to be assessed in default of agreement.

2. The respondent is to pay the costs of the complainant, save for those costs of the complainant incurred in relation to the matter referred to in (1) above, such costs to be assessed in default of agreement

3. Each party is to pay their own costs of these costs proceedings. Catchwords: Health practitioner-costs of proceedings-part of complaint abandoned-held respondent entitled to costs order for costs thrown away-otherwise complainant entitled to costs order Legislation Cited: Health Practitioner Regulation National Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Commonwealth of Australia v Gretton [2008] NSWCA 117 Health Care Complaints Commission v Dr Toni Metelerkamp [2018] NSWCATOD 62 Health Care Complaints Commission v Philipiah [2013] NSW CA 342 Category: Costs Parties: Health Care Complaints Commission complainant Dr Toni Metelekamp respondent Representation: Counsel: A Petrie complainant R Mathur respondent