Caladine v The Commissioner, New South Wales Health Care Complaints Commission

The appeal concerned a decision of the Medical Tribunal of New South Wales, brought by Caladine against the Commissioner of the New South Wales Health Care Complaints Commission. The dispute arose from proceedings before the Medical Tribunal concerning a medical practitioner.

The court was required to determine whether the Medical Tribunal had erred in exercising its discretion regarding the referral of the matter, specifically whether it should have been referred under section 66B of the *Medical Practice Act 1992* or to an Impaired Registrants Panel under section 66C of the same Act. Further issues included whether the Tribunal erred in its conduct of proceedings, particularly in relation to an unrepresented litigant, and whether it erred in awarding costs to the successful party.

The court applied the principles established in *House v The King* regarding appeals against the exercise of discretion, stating that intervention is only warranted if a miscarriage of justice can be demonstrated. The court found no error in the Tribunal's decision-making process concerning the referral or its conduct of the proceedings. Regarding costs, the court affirmed that the purpose of awarding costs is to indemnify the successful party, not to punish the unsuccessful party, and that the Tribunal has broad discretion in this regard. The court found no error in the Tribunal's award of costs.

The appeal was dismissed, and Caladine was ordered to pay the costs of the Commissioner.