Mukonoweshuro v Occupational Therapy Board of Australia (No 2) [2020] NSWCATOD 49

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mukonoweshuro v Occupational Therapy Board of Australia (No 2) [2020] NSWCATOD 49 Hearing dates: On the papers Date of orders: 06 May 2020 Decision date: 06 May 2020 Jurisdiction: Occupational Division Before: A Britton, Principal Member J Dath, Senior Member D Morante, Senior Member C Berglund, General Member Decision: (1) A hearing on the application for costs is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). (2) Mr Mukonoweshuro is to pay the costs of the Occupational Therapy Board of Australia as agreed, or assessed calculated on the basis that Mr Mukonoweshuro pay 80% of the assessed legal costs and 100% of the assessed disbursements. Catchwords: COSTS – whether discretion to award costs should be exercised in an appeal against decision made under s 175(1) of the National Law

COSTS – whether appropriate to exercise the discretion to fix costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Health Practitioner Regulation National Law (NSW) Legal Profession Uniform Law (NSW) Cases Cited: Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Mukonoweshuro v Occupational Therapy Board of Australia [2020] NSWCATOD 11 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Sherborne Estate (No 2): Vanvalen & Anor v Neaves & Anor; Gilroy v Neaves & Anor [2005] NSWSC 1003 Vivaldi v Dental Board of Australia [2018] NSWCATOD 159 Category: Costs Parties: Misheck Mukonoweshuro (Applicant) Occupational Therapy Board of Australia (Respondent) Representation: No appearance (Applicant) Clayton Utz Lawyers (Respondent) File Number(s): 2019/00152718 Publication restriction: Nil.