Mahony v Dental Council of NSW (No 2) [2019] NSWCATOD 133

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mahony v Dental Council of NSW (No 2) [2019] NSWCATOD 133 Hearing dates: On the papers Date of orders: 28 August 2019 Decision date: 28 August 2019 Jurisdiction: Occupational Division Before: A Britton, Principal Member Decision: Dr Mahony must pay the costs of the Dental Council of NSW, as agreed or assessed. Catchwords: COSTS - principles applying to the exercise of the discretion to award costs under Health Practitioner Regulation National Law (NSW) - exercise of the discretion not limited to disentitling conduct by successful party - appropriateness of exercise of the power to fix costs payable under a costs order - whether power to award costs under Health Practitioner Regulation National Law (NSW) can be exercised where the proceedings dismissed for want of jurisdiction Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Arian v Nguyen [2001] NSWCA 5 NSW v Stanley [2007] NSWCA 330 Commonwealth v Gretton [2008] NSWCA 117 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 at [40] Qasim v Health Care Complaints Commission [2015] NSWCA 282 Health Care Complaints Commission v Do [2014] NSWCA 307 Ruddock v Vadarlis (No 2) [2001] FCA 1865; (2001) 115 FCR 229 Category: Costs Parties: Derek Mahony (Appellant) Dental Council of NSW (Respondent) Representation: Counsel: D McDonald-Norman (Appellant) Z Heger (Respondent)