Pharmacy Board of Australia v Huynh

Case

[2013] QCAT 308

25 June 2013


CITATION: Pharmacy Board of Australia v Huynh [2013] QCAT 308
PARTIES: Pharmacy Board of Australia
(Applicant)
v
Adam Huynh
(Respondent)
APPLICATION NUMBER: OCR193-11
MATTER TYPE: Occupational regulation matters
HEARING DATE: On the papers
HEARD AT: Brisbane
DECISION OF: Judge Alexander Horneman-Wren SC, Deputy President
DELIVERED ON: 25 June 2013
DELIVERED AT: Brisbane
ORDERS MADE: 1.    Mr Huynh must pay the Board’s costs of and incidental to the proceedings as assessed in the sum of $29,592.60.
CATCHWORDS:

HEALTH PROFESSIONALS – PHARMACEUTICAL CHEMISTS – DISCIPLINARY PROCEEDINGS – where the Board referred a matter to the Tribunal for disciplinary proceedings – where the registrant did not participate in the proceeding – where the Tribunal made an order that the registrant pay the Board’s costs of the referral – where the Board sought the registrant pay cost in an amount as assessed by a costs assessor – where the registrant made no submissions – whether the Tribunal should order the registrant to pay the Board’s costs as assessed

Pharmacy Board of Australia v Huynh [2013] QCAT 42, cited

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

REASONS FOR DECISION

  1. On 12 December 2012 the Tribunal decided that grounds for disciplinary action had been established against Mr Huynh and, amongst other things, ordered that he was not able to apply for registration as a pharmacist for a period of one year.[1]

    [1]        Pharmacy Board of Australia v Huynh [2013] QCAT 042.

  2. The Tribunal also ordered Mr Huynh to pay the Board’s costs of and incidental to proceedings in a sum agreed or as assessed.

  3. By application filed on 11 April 2013 the Pharmacy Board of Australia has sought its costs in the sum of $29,592.60 as assessed by Hickey and Garratt Cost Assessors. The costs have been assessed on the District Court Scale.

  4. By directions made on 30 April 2013, I ordered that the Board serve the application for costs and the material in support by forwarding it by prepaid post to the last known address of Mr Huynh. Service was deemed to have been effected seven working days after posting.

  5. Mr Huynh was given 14 days within which to make any submissions on costs.  Mr Huynh has made no submissions.

  6. The Tribunal will order the Board has its costs as assessed in the sum of $29,592.60.


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