Supreme Court New South Wales Medium Neutral Citation: Health Professional Councils Authority v Holt [2020] NSWSC 1006 Hearing dates: 30 July 2020 Date of orders: 30 July 2020 Decision date: 30 July 2020 Jurisdiction: Common Law Before: Campbell J Decision: See paragraph 3 Catchwords: CIVIL PROCEDURE – hearings – adjournment – order that proceedings be heard together Category: Procedural and other rulings Parties: Health Professional Councils Authority trading as Dental Council of New South Wales (Plaintiff) Myles Holt (Defendant) Representation: Counsel: A. Horvath (Plaintiff) B. Alder (solicitor)(Defendant) Solicitors: Health Professional Council's Authority (Plaintiff) Moray & Agnew Lawyers (Defendant) File Number(s): 2020/128201 2020/214831 Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Citation: [2020] NSWCATOD 62; [2020] NSWCATOD 37 Date of Decision: 26 June 2020; 2 April 2020 Before: Principal Member F Marks File Number(s): 2020/44569 Judgment 1. This matter is an interlocutory appeal, or alternatively, application for judicial review, from or of a decision of the Civil and Administrative Tribunal, Principal Member Marks granting a conditional stay of an order suspending the defendant dentist from practice. Since the matter was commenced, with commendable efficiency, Principal Member Marks published his decision in the substantive matter on 26 June 2020 and an appeal and alternatively application for judicial review has been commenced from that decision. 2. The interlocutory appeal is listed for hearing on 17 August 2020. The parties agree, sensibly in my view, there is no point seeking to ventilate that matter individually, and that to the extent to which it remains maintainable, it ought to be listed for hearing with the appeal from the substantive decision. The dentist was apparently successful, so the roles of the parties remain the same. 3. The appeal from the substantive decision is currently before the Registrar, I am informed, on 4 August 2020, and it seems sensible then to adjourn the hearing date and to list both matters for directions on that day, when the parties can agree upon a final timetable for the preparation of the matter for hearing. 4. I make the following orders: 1. The hearing of matter number 2020/128201 on 17 August 2020 is vacated. 2. The timetable for preparation imposed on 10 June 2020 is also vacated, so far as it remains pending. 3. List the matter with matter number 2020/214831 before the Common Law Registrar on 4 August 2020 at a time to be fixed by the Registrar. 4. Reserve the question of the costs of today and any costs wasted by virtue of the adjournment. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 03 August 2020