Health Care Complaints Commission v Ghosh [2020] NSWCATOD 7

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Ghosh [2020] NSWCATOD 7 Hearing dates: 17 January 2020 Date of orders: 17 January 2020 Decision date: 17 January 2020 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Decision: (1) Pursuant to Rule 15 of the Civil and Administrative Tribunal Rules 2014 that on or before 28 January 2020 the Health Care Complaints Commission (the applicant) is to serve: (a) a copy of the General Law Application Form seeking an order for substituted service on Dr Ratna Ghosh (the respondent) filed on 18 December 2019; (b) 3 folders of documents relied on by the applicant in the disciplinary proceedings as its evidence in chief; (c) a copy of these orders; (d) a copy of the protective orders to be sought at the hearing on the respondent by forwarding the documents by express pre-paid post to the applicant's last known address namely XXXX and also by emailing the documents to XXXX. (2) The applicant shall on or before 31 January 2020 file in the Tribunal an Affidavit evidencing compliance with Order 1 of these orders. Catchwords: PROFESSIONS AND TRADES – registered health practitioner – medical practitioner – where it is asserted documents cannot be practically served on practitioner in disciplinary proceedings – where order for substituted service sought under the rules Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Alstom Limited & Ors v Sirakas [2010] NSWSC 669 Electrolux Home Products Pty Ltd v Delap Impex Ltd [2013] FCA 600 Category: Procedural and other rulings Parties: Health Care Complaints Commission (Applicant) Dr Ratna Ghosh (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) Respondent (No appearance) File Number(s): 2019/00251131 Publication restriction: Nil