Ahmad v Health Care Complaints Commission [2019] NSWCATOD 35

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ahmad v Health Care Complaints Commission [2019] NSWCATOD 35 Hearing dates: 29 October 2019 Date of orders: 28 February 2019 Decision date: 28 February 2019 Jurisdiction: Occupational Division Before: A Britton, Principal Member R Samimi, Senior Member J Zwart, Senior Member B Seth, General Member Decision: (1) The application for reinstatement is dismissed. (2) If the parties do not reach agreement on the issue of costs within 14 days of the date of this decision the Commission must file and serve brief submissions in support of its application for costs. (3) Within 28 days of receiving the Commission's submissions on costs Mr Ahmad must file and serve brief submissions in reply. (4) Within 30 days of the date of this decision the parties must notify the Tribunal and each other whether they consent to the issue of costs being determined "on the papers" as permitted by s 50 of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: TRADES AND PROFESSION –– reinstatement of health practitioner under Health Practitioner Regulation National Law Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Health Care Complaints Commission v Ahmad [2015] NSWCATOD 103 In Re Jason Martin [2010] NSWMT 13 Ng v Health Care Complaints Commission [2018] NSWCATOD 105 Scully v HCCC [2013] NSWNMT 7 Shah v HCCC [2014] NSWCATOD 94 Texts Cited: Nil Category: Principal judgment Parties: Tareq Ahmad (Applicant) Health Care Complaints Commission (Respondent) Representation: Counsel: S Maybury (Applicant) E Raper (Respondent)