Health Care Complaints Commission v Haasbroek (No 2) [2018] NSWCATOD 198

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Haasbroek (No 2) [2018] NSWCATOD 198 Hearing dates: By written submissions dated 21 November 2018 and 10 December 2018 Date of orders: 19 December 2018 Decision date: 19 December 2018 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Decision: That Dr Johannes Bernardus Haasbroek shall pay fifty (50) per cent of the costs of the Health Care Complaints Commission of and incidental to the proceedings as agreed or failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: PROFESSIONS AND TRADES – registered health practitioner – disciplinary proceedings – whether appropriate to order practitioner shall pay the whole or part the Health Care Complaints Commission's costs. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Category: Costs Parties: Health Care Complaints Commission (Applicant) Dr Johannes Bernardus Haasbroek (Respondent) Representation: Counsel: L Fernandez (Applicant) A Britt (Respondent)

Solicitors: Health Care Complaints Commission (Applicant) Shead Lawyers (Respondent) File Number(s): 2017/00272528 Publication restriction: On 31 October 2018 an order was made under cl 7 of Schedule 5D of the Health Practitioner Regulation National Law prohibiting the publication of the names of the Persons in the Schedule to the complaint.