Gautam v Health Care Complaints Commission [2021] NSWCA 85 (13 May 2021) (Leeming JA at [1], Payne JA at [27], Simpson AJA at [118])


Catchwords:


ADMINISTRATIVE LAW – particular administrative bodies – NSW Civil and Administrative Tribunal – complaint by Health Care Complaints Commission about medical practitioner – adequacy of reasons

EVIDENCE – standard of proof – civil cases – application of principles in Briginshaw v Briginshaw

APPEALS – leave to appeal – on factual findings – whether appropriate to depart from a demeanour-based credit finding