Windsor v Health Care Complaints Commission (No 2) [2020] NSWCA 164

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Windsor v Health Care Complaints Commission (No 2) [2020] NSWCA 164 Hearing dates: On the papers Decision date: 31 July 2020 Before: Gleeson JA; Leeming JA; McCallum JA Decision: Dismiss the notice of motion dated 17 June 2020. Catchwords: APPEAL – application to set aside judgment on appeal – complaint that Court did not address affidavits of applicant – where applicants did not appear on hearing of appeal – where applicants sought to challenge intra-curial arrangements of Court of Appeal – application dismissed Legislation Cited: Supreme Court Act 1970 (NSW), ss 39, 75A Uniform Civil Procedure Rules 2005 (NSW), rr 36.15, 36.16 Cases Cited: Rajski v Wood (1989) 18 NSWLR 512 Windsor v Health Care Complaints Commission (No 1) [2020] NSWCA 16 Windsor v Health Care Complaints Commission [2020] NSWCA 110 Category: Principal judgment Parties: Gina Windsor (Appellant / First Applicant) Neil Stern Windsor (Second Applicant) Health Care Complaints Commission (First respondent) Medical Council of New South Wales (Second respondent) NSW Civil and Administrative Tribunal (Third respondent) Representation: Solicitors: B Chisholm, Health Care Complaints Commission (First respondent) I Martin, Health Professional Councils' Authority (Second respondent) K Smith, Crown Solicitor for New South Wales (Submitting appearance) (Third respondent) File Number(s): 2019/335419 Decision under appeal Court or tribunal: New South Wales Civil and Administrative Tribunal Jurisdiction: Civil Citation: [2019] NSWCATOD 149 Date of Decision: 1 October 2019 Before: Cole DCJ, Dr M Diamond, Dr C Newberry and J Houen