Zepinic v Health Care Complaints Commission (No 2) [2020] NSWCA 320

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Zepinic v Health Care Complaints Commission (No 2) [2020] NSWCA 320 Hearing dates: On the papers Date of orders: 10 December 2020 Decision date: 10 December 2020 Before: Macfarlan JA; McCallum JA Decision: Dismiss Dr Zepinic's notice of motion filed on 22 July 2020, with costs. Catchwords: JUDGMENTS AND ORDERS – amending, varying and setting aside – motion under UCPR r 36.16 to set aside previous judgment of Court refusing leave to appeal – arguments advanced by applicant plainly groundless and either previously addressed by the Court or not advanced on the previous occasion when the opportunity to do so existed – public interest in the finality of litigation – no change in circumstances or other good reason to permit further leave application to be made Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 36.16 Cases Cited: Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300; [1993] HCA 6 Lawrence v Ciantar (No 2) [2020] NSWCA 186 Poulos v Commonwealth Bank of Australia Ltd (No 3) [2020] NSWCA 72 Smith v NSW Bar Association (1992) 176 CLR 256; [1992] HCA 36 Category: Procedural and other rulings Parties: Dr Vito Zepinic (Applicant) Health Care Complaints Commission (Respondent) Representation: Counsel: Self-represented Applicant Ms P Lowson (Respondent)

Solicitors: Self-represented Applicant Health Care Complaints Commission (Respondent) File Number(s): 2020/43054 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Citation: [2020] NSWSC 13 Date of Decision: 03 February 2020 Before: N Adams J File Number(s): 2018/385664