Health Care Complaints Commission v Achurch (No 3) [2019] NSWCATOD 138

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Achurch (No 3) [2019] NSWCATOD 138 Hearing dates: On the papers Date of orders: 05 September 2019 Decision date: 05 September 2019 Jurisdiction: Occupational Division Before: Dr J Lucy, Senior Member L Schalk, Senior Member G Tolhurst, Senior Member G Alder, General Member Decision: 1. The Tribunal dispenses with a hearing on the issue of costs.

2. The respondent is to pay the 50% of the applicant's costs as agreed or as assessed. Catchwords: COSTS – Principle that costs follow the event – Whether the applicant's making of a complaint in respect of which it did not seek protective orders was disentitling conduct for the purposes of a costs order Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Health Care Complaints Commission v Achurch [2019] NSWCATOD 20 Health Care Complaints Commission v Achurch (No 2) [2019] NSWCATOD 112 Health Care Complaints Commission v Elliott [2018] NSWCATOD 47 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Oshlack v Richmond River Council (1998) 193 CLR 72 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Simone Achurch (Respondent) Representation: Counsel: P Aitken (Applicant)