Dr Derek Mahony v Dental Council of New South Wales [2019] NSWSC 276

Supreme Court New South Wales

Medium Neutral Citation: Dr Derek Mahony v Dental Council of New South Wales [2019] NSWSC 276 Hearing dates: 14 March 2019 Date of orders: 14 March 2019 Decision date: 05 April 2019 Jurisdiction: Common Law Before: Wilson J Decision: 1. Summons of 24 September 2018 dismissed. 2. Costs of these proceedings in favour of the defendant. 3. No order as to costs before the Civil and Administrative Tribunal New South Wales. Catchwords: CIVIL – appeal against a decision of the Civil and Administrative Tribunal New South Wales – health practitioner – question of jurisdiction to appeal against a recommendation of an AC of the Dental Council of NSW – held that no error made by the Tribunal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Mahony v Dental Council of NSW [2018] NSWCATOD 146 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Category: Principal judgment Parties: Dr Derek Mahony (Plaintiff) Dental Council of NSW (Defendant) Representation: Counsel: Mr A Zahra with Ms DJ McDonald-Norman (Plaintiff) Ms Z Heger (Defendant)

Solicitors: Mr M Doepel (Plaintiff) Mr J Lonsdale (Defendant) File Number(s): 2018/00292179 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Occupational Division Date of Decision: 28 August 2018 Before: A Britton, Principal Member File Number(s): 2018/00129081