Under Sch 2 cl 13 of the Medical Practice Act 1992 (NSW), the usual rationale for a costs order in the Medical Tribunal is that it is just and reasonable for the successful party to be reimbursed, absent grounds connected with the charge or conduct of proceedings making reimbursement unjust. The fact that a respondent practitioner is unrepresented does not of itself preclude a costs order. Where the Medical Board makes findings of both impairment and inappropriate conduct, referral under s 66B rather than s 66C is appropriate.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.