Health Care Complaints Commission v Karunaratne [2018] NSWCATOD 137

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Karunaratne [2018] NSWCATOD 137 Hearing dates: 8 August, 2018 Date of orders: 21 August 2018 Decision date: 21 August 2018 Jurisdiction: Occupational Division Before: The Hon F Marks, Principal Member Decision: (1) application for permanent stay dismissed (2) costs are reserved Catchwords: Dental practitioner – multiple complaints of misconduct- application for permanent stay – held delay in prosecution of complaints did not render the proceedings an abuse of process – application refused Legislation Cited: Child Protection (Working with Children) Act Health Care Complaints Act Health Practitioner Regulation National Law Cases Cited: Council of the Law Society of NSW v Clarke [2017] NSWCATOD142 Jago v The District Court of NSW [1989] HCA 46, 168 CLR 23 Minister for Immigration and Citizenship v Szizo [2009] HCA 37 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Dr Tusitha Karunaratne (Respondent) Representation: Counsel: P Strickland SC (Applicant) S Barnes (Respondent)

Solicitors: Health Care Complaints Commission (Applicant) Meridian Lawyers (Respondent) File Number(s): 2017/00327514 Publication restriction: The publication of the name of any person who was a patient of the respondent and any information tending to identify any such person is prohibited