Cooke v Medical Council of NSW (Stay Application) [2019] NSWCATOD 144

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cooke v Medical Council of NSW (Stay Application) [2019] NSWCATOD 144 Hearing dates: 13 September 2019 Date of orders: 13 September 2019 Decision date: 16 September 2019 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Decision: (1) The application for a stay is refused. (2) The application for a non-publication order in respect of Jason Brendan Cooke (the practitioner) is refused. A non-publication order is made under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting publication of the patient named in the material relied by the Medical Council of NSW. (3) The appeal is expedited. (4) The practitioner is to give to the other party, any material on which that party relies on or before 20 September 2019. (5) Medical Council of NSW is to give to the other party the following material: a Reply on or before 27 September 2019. (6) Medical Council of NSW is to give to the other party, any material on which that party relies on or before 27 September 2019. (7) The practitioner is to give to the other party the following material on or before 04 October 2019: all material in reply (if any). (8) Both parties are to give to the Tribunal 5 copies of all their material and 4 USBs containing that material on or before 04 October 2019. (9) The appeal is listed for hearing on 12 November 2019 at 10am at John Maddison Tower, 86-90 Goulburn Street Sydney. (10) The reasons for the decision on the Stay application are reserved. Catchwords: PROFESSIONS AND TRADES – health practitioner, registered medical practitioner – application for a stay pending the hearing of an appeal on a point of law – jurisdiction to hear stay – application refused – non-publication order in respect of practitioner refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law Poisons and Therapeutic Goods Regulation 2008 (NSW) Cases Cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 DZR v Medical Council of NSW [2019] NSWCATOD 143 Hill v Medical Council of NSW [2019] NSWCATOD 52 Medical Council of NSW v Lee [2017] NSWCA 282 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 77 ALJR 1165 Category: Procedural and other rulings Parties: Dr Jason Brendan Cooke (Applicant) Medical Council of NSW (Respondent) Representation: Counsel: I Fraser (Applicant)