Heath Care Complaints Commission v Dowla [2018] NSWCATOD 171

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Heath Care Complaints Commission v Dowla [2018] NSWCATOD 171 Hearing dates: 14 September 2018 Date of orders: 19 October 2018 Decision date: 19 October 2018 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Decision: 1. The Registrar is requested to return to the Department of Human Services (Cth) documents produced by that Department. 2. The Summons to Dr Malahat Bagherian is set aside. 3. The Summons to Dr Maryam Mirshahmir is set aside. 4. Leave is granted to both parties to inspect documents produced by the Blacktown Community Mental Health Service. 5. Leave is granted to the Health Care Complaints Commission to inspect documents produced by Mt Druitt Health Care. 6. The Health Care Complaints Commission is to provide to the respondent's solicitors copies of any clinical record of Patient A from the Mt Druitt Health Care relating to the circumstances set out in paragraph 5 of its written submissions dated 10 September 2018 and as set out in paragraph 7 of these reasons for decision. 7. The costs of this interlocutory application are reserved to the substantive hearing. Catchwords: PROFESSIONS AND TRADES – registered health practitioner - application to set aside Summons. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Health Care Complaints Act 1991 (NSW) Health Practitioner Regulation National Law (NSW) Interpretation Act 1987 (NSW) Cases Cited: Attorney General for New South Wales v Dylan Chidgey [2008] NSWCCA 65 Commissioner for Railways v Small (1938) 38 SR (NSW) 564 Council for the NSW Bar Association v Lott [2016] NSWCATOD (21 December 2016) Health Care Complaints Commission v Dowla [2018] NSWCATOD 33 ICAP Australia Pty Ltd v BGC Partners (Australia) Pty Ltd [2009] NSWCA 307 ICAP Pty Ltd & Ors v Moebes & Anor [2009] NSWSC 306 In the matter of One.Tel Ltd (in liq) - SingTel Optus Pty Ltd v Weston [2010] NSWSC 1491 Mahony v Dental Council of NSW [2018] NSWCATOD 146 National Employers' Mutual General Insurance Association Ltd v Waind (1978) 1 NSWLR 372 National Employers' Mutual General Insurance Association Ltd v Waind (1979) 141 CLR 648; [1979] HCA 11 Norris v Kandiah [2007] NSWSC 1296 NSW Commissioner of Police v Tuxford & Ors [2002] NSWCA 139 Portal Software v Bodsworth [2005] NSWSC 1115 Principal Registrar of the Supreme Court v Ali Tastan (1994) 74A CrimR 498 Quach v RU (No 1) [2017] ACTSC 233 Rinehart v Rinehart [2018] NSWSC 1102 Sharpe v Grobbel [2017] NSWSC 1065 Sinclair v Psychology Council of NSW [2017] NSWCATAD 8 Liristis v Gadelrabb [2009] NSWSC 441 Fried v National Australia Bank Ltd (2000) 175 ALR 194; [2000] FCA 911 Category: Procedural and other rulings Parties: Health Care Complaints Commission (Applicant) Mohammed Shareef-Ud Dowla (Respondent) Dr Malahat Bagherian (Intervenor) Dr Maryam Mishahmir (Intervenor) Representation: Counsel: A Britt (Applicant) S Ahmed (Respondent) R Mathur (Intervenors) Solicitors: Health Care Complaints Commission (Applicant) Hanna Legal (Respondent) File Number(s): 2017/00083334 Publication restriction: On 8 March 2018 an order was made under cl 7 of Sch 5D of the Health Practitioner Regulation National Law prohibiting the publication of the name of Patient A.