BCS v Dental Council of NSW (No 2) [2016] NSWCATOD 9

BCS v Dental Council of NSW (No 2) [2016] NSWCATOD 9

The non-publication order is continued because lifting it would undermine suppression orders made in other jurisdictions (including courts and NCAT divisions), as disclosure of the applicant’s name would be contrary to prior mandatory non-publication orders. On costs, the Council as the successful party is entitled...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 January 2016
Procedural Posture
Appeal / Post Judgment (suppression Order and Costs)
Outcome
Non-publication (suppression) order of applicant’s name confirmed; previous order restricting disclosure of reasons revoked; applicant to pay respondent’s costs.
Legal Topics
['suppression Orders' 'open Justice' 'costs' 'disciplinary Proceedings']
['administrative Law' 'health Law' 'professional Regulation'] ['suppression Orders' 'open Justice' 'costs' 'disciplinary Proceedings']

Source-derived case record

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Procedural Posture

Appeal / Post Judgment (suppression Order and Costs)

Legal Issues

  1. 1 ["Whether the non-publication order (suppression of the applicant's name) should continue" 'Principles applying to awarding costs under the Health Practitioner Regulation National Law (NSW)']

Ratio Decidendi

The non-publication order is continued because lifting it would undermine suppression orders made in other jurisdictions (including courts and NCAT divisions), as disclosure of the applicant’s name would be contrary to prior mandatory non-publication orders. On costs, the Council as the successful party is entitled to its costs as against the applicant, there being no disentitling conduct.

Court Disposition

Non-publication (suppression) order of applicant’s name confirmed; previous order restricting disclosure of reasons revoked; applicant to pay respondent’s costs.

Orders

  • ["Pursuant to cl 7 of Schedule 5D to the Health Practitioner Regulation National Law (NSW), the disclosure of the appellant's name is restricted to the parties and their representatives, and to any other persons or bodies where disclosure is necessary for the implementation and administration of the orders." 'Order...