Health Care Complaints Commission v Wilcox (No 2) [2020] NSWCATOD 51

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Wilcox (No 2) [2020] NSWCATOD 51 Hearing dates: On the papers Date of orders: 06 May 2020 Decision date: 06 May 2020 Jurisdiction: Occupational Division Before: Cole DCJ, Deputy President Decision: 1. The Respondent's application for an award of costs in his favour is refused. Catchwords: PROFESSIONS AND TRADES – health care practitioners - medical practitioners – disciplinary proceedings - costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Dodds Family Investments Pty Ltd v Lane Industries Pty Ltd [1993] FCA 259 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 Health Care Complaints Commission v Wilcox [2020] NSWCATOD 10 Hughes v Western Australian Cricket Association (1986) ATPR 40-748 James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 McFarlane (Supreme Court (NSW), Blanch J, 12 August 1994, unrep) Oshlack v Richmond River Council [1998] HCA 11 R v Manley (2000) 49 NSWLR 203 Category: Procedural and other rulings Parties: Health Care Complaints Commission (Applicant) Dr David Normanton Gutteridge Wilcox (Respondent) Representation: Counsel: S Mayberry (Applicant) M Hutchings (Respondent)

Solicitors: Health Care Complaints Commission (Applicant) Meridian Lawyers (Respondent) File Number(s): 2019/127232 Publication restriction: The publication by any person or entity of the name of the patient set out in the schedule to the complaint, or the spouse of the patient, is prohibited under clause 7 of Schedule 5D of the Health Practitioner Regulation National Law (NSW).