Health Care Complaints Commission v CSM (No 2) [2018] NSWSC 1545

Supreme Court New South Wales

Medium Neutral Citation: Health Care Complaints Commission v CSM (No 2) [2018] NSWSC 1545 Hearing dates: 20 July 2017; 18 June 2018 Date of orders: 12 October 2018 Decision date: 12 October 2018 Jurisdiction: Common Law Before: Lonergan J Decision: Each party pay its or his own costs of the appeal. Catchwords: COSTS – presumption that costs follow the event - costs are in the discretion of the court - entitlement to costs associated with the plaintiff's abandonment of grounds 2(a)-(d) Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) rr 42.1, 42.6 Section 98 of the Civil Procedure Act 2005 (NSW) Cases Cited: Health Care Complaints Commission v CSM [2018] NSWSC 902 Category: Costs Parties: Health Care Complaints Commission (Plaintiff) CSM (Defendant) Representation: Counsel: C Webster SC (Plaintiff) A Abadee (Defendant)

Solicitors: Crown Solicitors Office (Plaintiff) File Number(s): 2016/326966 Publication restriction: Until further order, pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), publication of the name of CSM and Patient A, and any information tending to reveal the identity of CSM or Patient A is prohibited, except as may be necessary for the proper conduct of the proceedings. I make this order upon the ground that the order is necessary to prevent prejudice to the proper administration of justice, in that the Tribunal of the NCAT Occupational Division on 27 June 2016, made an order confining disclosure of the respondent CSM's name to be restricted to the parties and their representatives and to any other persons or bodies where disclosure is necessary for the effective implementation and administration of the orders made in the proceedings.