Health Care Complaints Commission v Choi (No 2) [2017] NSWCATOD 91

Health Care Complaints Commission v Choi (No 2) [2017] NSWCATOD 91

The Commission was entirely successful in the disciplinary proceedings, the respondent filed no submissions or materials showing why he should not pay costs, and the binding authorities in the Division supported the general rule that costs follow the event. The Tribunal therefore exercised its discretion to order the respondent to pay the Commission's costs as agreed or assessed.

Jurisdiction
Australia
Judgment Date
15 June 2017
Procedural Posture
Costs in Health Practitioner Disciplinary Proceedings / Determination on the Papers After Disciplinary Findings and Orders
Outcome
Respondent ordered to pay the Complainant's costs as agreed or as assessed.
Legal Topics
['costs Following the Event' 'disciplinary Complaints Against a Health Practitioner' 'tribunal Discretion to Award Costs']
['administrative Law' 'health Practitioner Regulation' 'costs'] ['costs Following the Event' 'disciplinary Complaints Against a Health Practitioner' 'tribunal Discretion to Award Costs']

Case Brief

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Procedural Posture

Costs in Health Practitioner Disciplinary Proceedings / Determination on the Papers After Disciplinary Findings and Orders

Legal Issues

  1. 1 ["Whether the respondent should be ordered to pay the Commission's costs of the disciplinary proceedings."]

Ratio Decidendi

The Commission was entirely successful in the disciplinary proceedings, the respondent filed no submissions or materials showing why he should not pay costs, and the binding authorities in the Division supported the general rule that costs follow the event. The Tribunal therefore exercised its discretion to order the respondent to pay the Commission's costs as agreed or assessed.

Court Disposition

Respondent ordered to pay the Complainant's costs as agreed or as assessed.

Orders

  • ["The respondent is to pay the Complainant's costs as agreed or as assessed."]