Health Care Complaints Commission v Buys (No 2) [2020] NSWCATOD 70

Health Care Complaints Commission v Buys (No 2) [2020] NSWCATOD 70

The respondent failed to demonstrate that suppression of his name or the proceedings was appropriate; the existing non-publication order adequately protects patient identities, and open justice requires publication of the decision and the practitioner's name in light of the seriousness of the misconduct and its...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 June 2020
Procedural Posture
Disciplinary Proceedings / Application for Non Publication Orders
Outcome
Application for non-publication orders dismissed; costs reserved with liberty to apply.
Legal Topics
['non Publication Orders' 'open Justice' 'health Practitioner Misconduct' 'tribunal Procedures']
['health Law' 'disciplinary Law'] ['non Publication Orders' 'open Justice' 'health Practitioner Misconduct' 'tribunal Procedures']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Disciplinary Proceedings / Application for Non Publication Orders

Legal Issues

  1. 1 ['Whether a non-publication order should be made to suppress details of proceedings and the name of the dental practitioner' 'Impact of publication on patients, family, and dental practices']

Ratio Decidendi

The respondent failed to demonstrate that suppression of his name or the proceedings was appropriate; the existing non-publication order adequately protects patient identities, and open justice requires publication of the decision and the practitioner's name in light of the seriousness of the misconduct and its public interest implications.

Court Disposition

Application for non-publication orders dismissed; costs reserved with liberty to apply.

Orders

  • ['The application brought by the respondent for non-publication orders is dismissed.' 'Costs are reserved with liberty to apply.']