Health Care Complaints Commission v Hasan (Costs) [2022] NSWCATOD 69

Health Care Complaints Commission v Hasan (Costs) [2022] NSWCATOD 69

The Health Care Complaints Commission, having been successful in the primary determination and in obtaining substantive protective orders, is entitled to its costs of the Stage Two hearing and the costs determination, as there is no disentitling conduct nor exceptional circumstance to warrant departure from the general rule that costs follow the event.

Jurisdiction
Australia
Judgment Date
01 July 2022
Procedural Posture
Costs Determination in Disciplinary Proceedings / Post Hearing, Costs Determination After Stage Two Hearing
Outcome
Costs order made in favour of the Health Care Complaints Commission
Legal Topics
['costs' 'party/party Costs' 'professional Misconduct' 'tribunal Procedure']
['administrative Law' 'health Law' 'professional Discipline'] ['costs' 'party/party Costs' 'professional Misconduct' 'tribunal Procedure']

Case Brief

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Procedural Posture

Costs Determination in Disciplinary Proceedings / Post Hearing, Costs Determination After Stage Two Hearing

Legal Issues

  1. 1 ['Which party should bear the costs of the Stage Two hearing and costs determination in disciplinary proceedings before the Civil and Administrative Tribunal of New South Wales']

Ratio Decidendi

The Health Care Complaints Commission, having been successful in the primary determination and in obtaining substantive protective orders, is entitled to its costs of the Stage Two hearing and the costs determination, as there is no disentitling conduct nor exceptional circumstance to warrant departure from the general rule that costs follow the event.

Court Disposition

Costs order made in favour of the Health Care Complaints Commission

Orders

  • ['The Respondent is to pay the Health Care Complaints Commission costs of the Stage Two hearing and the costs determination, such costs to be as agreed or assessed.']