Health Care Complaints Commission v Sundararajah (No 2) [2018] NSWCATOD 86

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Sundararajah (No 2) [2018] NSWCATOD 86 Hearing dates: On the papers Date of orders: 04 June 2018 Decision date: 04 June 2018 Jurisdiction: Occupational Division Before: A Britton, Principal Member Dr T Boland, Professional Member Dr J Ironside, Professional Member Dr C Berglund, General Member Decision: 1. Pursuant to s 149C(1) of the Health Practitioner Regulation National Law (NSW) Dr Sundarajah's registration is cancelled.

2. Pursuant to s 149C(7) of the Health Practitioner Regulation National Law (NSW), Dr Sundarajah is disqualified from seeking a review of the cancellation order for a period of 12 months from the date of this decision.

3. Pursuant to s 149C(5) of the Health Practitioner Regulation National Law (NSW), Dr Sundarajah is prohibited from providing any health services, unless and until he is registered as a health practitioner.

4. Dr Sundarajah must pay 80 % of the Commission's costs, as agreed or assessed. Catchwords: PROFESSIONS AND TRADES — health practitioner — protective orders

COSTS — exercise of discretion to make cost order — disentitling conduct Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Arian v Nguyen [2001] NSWCA 5 HCCC v Sundarajah [2017] NSWCATOD 182 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Menz (No. 2) [2017] NSWCATOD 172 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 (Philipiah) NSW v Stanley [2007] NSWCA 330 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Waterman v Gerling Australia Insurance Co Pty Ltd (No 2) [2005] NSWSC 1111 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant ) Raahulan Sundarajah (Respondent) Representation: Applicant: