OCCUPATIONS — health practitioners — misconduct and discipline — registered nurse — where disciplinary proceedings commenced by Health Care Complaints Commission — where NSW Civil and Administrative Tribunal made findings of professional misconduct when that allegation was not pleaded — whether Tribunal misdirected itself as to its statutory task
COSTS — where summons amended on first day of hearing to vary orders sought and to introduce new ground of appeal — where leave to amend summons resisted by defendant on the ground that the new ground was futile and that any such error would not be material — where error identified in new ground of appeal later conceded by defendant — whether conduct of parties such that costs should not follow the event
Quick Take
1A tribunal that makes findings of professional misconduct when that allegation was not pleaded, and directs itself to a statutory test ('fit and proper person') different from the one actually alleged ('not a suitable person to hold registration'), has misdirected itself as to its statutory task, vitiating its decision.
2Where a slip rule application fails to be properly implemented — in that no revised decision or reasons are published and the purported corrective order itself contains further errors — the original decision as published remains the operative decision under appeal.
3Where both parties contributed to procedural complexity and delay in an appeal (including late amendment by the appellant and failure by both sides to bring relevant orders and errors to the court's attention), costs may be apportioned so that neither party fully recovers costs for the later stages of the proceedings.
