Kaye v Health Care Complaints Commission [2018] NSWCATAP 146

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kaye v Health Care Complaints Commission [2018] NSWCATAP 146 Hearing dates: 17 May 2018 Date of orders: 07 June 2018 Decision date: 07 June 2018 Jurisdiction: Appeal Panel Before: Hennessy LCM, Deputy President J Kearney, Senior Member Decision: 1. Leave is refused for the appeal to be made on questions other than questions of law.

2. The appeal is dismissed. Catchwords: APPEAL – question of law – whether the Tribunal exercised its discretion in a manner which was so unreasonable that the decision should be set aside – whether Tribunal breached the rules of procedural fairness Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) s 80 Health Care Complaints Act 1993 (NSW), s 41A Cases Cited: Hannaford v Commonwealth Bank of Australia [2014] NSWCA 297 House v R [1936] HCA 40; (1936) 55 CLR 499 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 NSW Bar Association v Meakes [2006] NSWCA 340 Category: Principal judgment Parties: David Kaye (Appellant) Health Care Complaints Commission (Respondent) Representation: Counsel: G Boyce (Appellant) V Hartstein (Respondent)

Solicitors Health Care Complaints Commission (Respondent) File Number(s): AP 18/10473 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Occupational Division Citation: Kaye v Health Care Complaints Commissioner [2017] NSWCATOD 157 Kaye v Health Care Complaints Commission (No 2) [2018] NSWCATOD 36 Date of Decision: 31 October 2017, 14 February 2018 Before: A Britton, Principal MemberA Lowe, General Member File Number(s): 2016/00378460