Health Care Complaints Commission v Elliott [2016] NSWCATOD 83

Health Care Complaints Commission v Elliott [2016] NSWCATOD 83

Substituted service was appropriate because the evidence showed that personal service and other attempts at service had been unsuccessful, the practitioner still resided at the identified residential address, he was aware of the disciplinary application, and leaving the documents at that address would adequately bring them to his attention within the principles governing substituted service.

Jurisdiction
Australia
Judgment Date
28 June 2016
Procedural Posture
Application for Substituted Service in Disciplinary Proceedings Under the Health Practitioner Regulation National Law / On the Papers
Outcome
Application for substituted service granted.
Legal Topics
['substituted Service' 'service of Tribunal Documents' 'disciplinary Findings and Orders']
['health Practitioner Regulation' 'civil Procedure' 'administrative Law'] ['substituted Service' 'service of Tribunal Documents' 'disciplinary Findings and Orders']

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Procedural Posture

Application for Substituted Service in Disciplinary Proceedings Under the Health Practitioner Regulation National Law / On the Papers

Legal Issues

  1. 1 ["Whether the Tribunal should order substituted service of the Health Care Complaints Commission's disciplinary application and related documents on Mr Anthony Elliott." "Whether personal service or service in the manner provided by the Tribunal rules was impracticable, and whether leaving the documents at the practitioner's residential address would in all reasonable probability bring them to his notice."]

Ratio Decidendi

Substituted service was appropriate because the evidence showed that personal service and other attempts at service had been unsuccessful, the practitioner still resided at the identified residential address, he was aware of the disciplinary application, and leaving the documents at that address would adequately bring them to his attention within the principles governing substituted service.

Court Disposition

Application for substituted service granted.

Orders

  • ['The Health Care Complaints Commission shall by way of substituted service serve on Mr Anthony Elliott on or before 5 July 2016 a copy of the Application for Disciplinary Finding and Orders lodged with the Tribunal on 11 April 2016, a copy of the Application for Stay or interim order lodged with the Tribunal on 23...