EFQ v Medical Council of NSW [2020] NSWCATOD 52

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EFQ v Medical Council of NSW [2020] NSWCATOD 52 Hearing dates: Conducted by written submissions Date of orders: 13 May 2020 Decision date: 13 May 2020 Jurisdiction: Occupational Division Before: Le Poer Trench ADCJ, Principal Member Decision: (1) The application, by the Applicant, for access to any documents contained in package marked S1, produced to the Registrar pursuant to paragraph B, of the Schedule to the Summons, issued on 11 February 2020 and addressed to the respondent, is refused. (2) The documents contained in the packet marked S1, as described in order 1 hereof, are to be held by the Registrar, until 28 days after the final judgment, in this matter, is delivered by the Tribunal. Catchwords: APPLICATION – summons issued for production of documents – whether access to documents should be denied as irrelevant to an appeal under s 159B of the National Law – legitimate forensic purpose for requiring the documents not established – section 99A of the Health Care Complaints Act 1993 (NSW) relied upon Legislation Cited: Health Care Complaints Act 1993 (NSW) Health Practitioner Regulation National Law (NSW) Cases Cited: Attorney General for New South Wales v Dylan CHIDGEY [2008] NSWCCA 65 Rinehart v Rinehart [2018] NSWSC 1102 Texts Cited: Nil. Category: Procedural and other rulings Parties: EFQ (Applicant) Medical Council of NSW (Respondent) Representation: Solicitors: Applicant (Self represented) Medical Council of NSW (Respondent) Health Care Complaints Commission File Number(s): 2019/00344001 Publication restriction: Pending further order, pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) disclosure of the name of the applicant is prohibited.