DR HENRY LIU [2002] NSWMT 4

DR HENRY LIU [2002] NSWMT 4

The Tribunal allowed the complaints to be withdrawn, declined to conduct an enquiry, and dismissed the complaints because the material before it made it comfortably satisfied that it was highly unlikely the Health Care Complaints Commission would have succeeded at a full enquiry, particularly as documentary evidence known to the Commission supported the respondents' denials that they authorised the use of EyeStream. Applying Ohn v Walton, there was nothing connected with the charge or conduct of the proceedings making reimbursement unjust or unreasonable, and each respondent should be compensated by an order for costs.

Jurisdiction
Australia
Judgment Date
06 May 2002
Procedural Posture
Medical Disciplinary Complaints Before the Medical Tribunal of New South Wales / Application to Withdraw Complaints and Determination of Costs
Outcome
Complaints withdrawn and dismissed; complainant ordered to pay the costs of each respondent.
Legal Topics
['medical Practitioner Complaints' 'withdrawal of Complaints' 'costs' 'use of Eye Stream During Cataract Surgery']
['health Law' 'professional Discipline' 'civil Procedure'] ['medical Practitioner Complaints' 'withdrawal of Complaints' 'costs' 'use of Eye Stream During Cataract Surgery']

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Procedural Posture

Medical Disciplinary Complaints Before the Medical Tribunal of New South Wales / Application to Withdraw Complaints and Determination of Costs

Legal Issues

  1. 1 ['Whether the Tribunal should allow the Health Care Complaints Commission to withdraw the complaints and decide not to conduct an enquiry.' 'Whether the complaints against Dr Henry Liu and Dr Thomas James Atkins should be dismissed.' 'Whether the complainant should pay the costs of each respondent after withdrawal of the complaints.']

Ratio Decidendi

The Tribunal allowed the complaints to be withdrawn, declined to conduct an enquiry, and dismissed the complaints because the material before it made it comfortably satisfied that it was highly unlikely the Health Care Complaints Commission would have succeeded at a full enquiry, particularly as documentary evidence known to the Commission supported the respondents' denials that they authorised the use of EyeStream. Applying Ohn v Walton, there was nothing connected with the charge or conduct of the proceedings making reimbursement unjust or unreasonable, and each respondent should be compensated by an order for costs.

Court Disposition

Complaints withdrawn and dismissed; complainant ordered to pay the costs of each respondent.

Orders

  • ['The Tribunal notes that each of the complaints against the respective respondents are withdrawn and they are hereby dismissed.' 'The complainant pay the costs of each of the two respondents.' 'Exhibits can be returned.']