Bechara v Nursing and Midwifery Council of New South Wales (No 2) [2019] NSWCATOD 62

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bechara v Nursing and Midwifery Council of New South Wales (No 2) [2019] NSWCATOD 62 Hearing dates: On the papers Date of orders: 30 April 2019 Decision date: 30 April 2019 Jurisdiction: Occupational Division Before: The Hon F Marks Principal Member Decision: The appellant is to pay the costs of the respondent in matter number 2018/00104765 fixed in the sum of $12,635.38. Catchwords: COSTS – appeal dismissed – appellant ordered to pay respondent's costs Legislation Cited: Health Practitioner Regulation National Law (NSW) Cases Cited: Bechara v Nursing and Midwifery Council of NSW [2018] CATOD181 Category: Costs Parties: Tanya Bechara (Appellant) Nursing and Midwifery Council of New South Wales (Respondent) Representation: Solicitors: T Bechara (Self Represented)(Applicant) C M Campbell Solicitor (Respondent) File Number(s): 2018/00104765 Publication restriction: Non—publication order with respect to the name of any person who was a client of the appellant and any information which might tend to identify such a person.

REASONS FOR DECISION

Background 1. In Bechara v Nursing and Midwifery Council of NSW [2018] CATOD181 the Tribunal dismissed an appeal brought by the appellant Tanya Bechara from a decision of the respondent Nursing and Midwifery Council of NSW to suspend her registration as an enrolled nurse. 2. The Tribunal as then constituted reserved costs. The respondent has exercised the liberty to apply granted by the Tribunal and has made application for a costs order against the appellant in its favour. 3. The Tribunal as currently constituted is empowered by section 165 B of the Health Practitioner Regulation National Law (NSW) ("the National Law") to deal with this costs application.