Chatoor v Health Care Complaints Commission of NSW

In the matter of *Chatoor v Health Care Complaints Commission of NSW*, the Court of Appeal of New South Wales considered an appeal by Dr Chatoor against a decision of the Health Care Complaints Commission (HCCC). The dispute concerned findings of unsatisfactory professional conduct made against Dr Chatoor by the Tribunal.

The central legal issues before the Court of Appeal were whether the Tribunal erred in its application of the statutory test for unsatisfactory professional conduct under s 139B(1)(a) of the *Health Practitioner Regulation National Law (NSW)*, and whether the Tribunal failed to give proper regard to the expert evidence presented to it.

The Court of Appeal found that the Tribunal had indeed failed to properly apply the statutory test and had not given adequate weight to the expert evidence. Consequently, the Court allowed the appeal, set aside the Tribunal's original orders, and substituted its own orders. These substituted orders included a caution to Dr Chatoor regarding specific conduct, and orders for the HCCC to pay a significant portion of Dr Chatoor's costs both in the appeal and in the proceedings before the Tribunal.