Hassan v Sydney Local Health District [2021] NSWCA 97

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hassan v Sydney Local Health District [2021] NSWCA 97 Hearing dates: 29 March 2021 Date of orders: 20 May 2021 Decision date: 20 May 2021 Before: Brereton JA Decision: (1) Save for: (a) claims (1) and (2) in the motion filed 16 March 2021 (which seek to adduce new evidence in the appeal under UCPR, r 51.51); and (b) the motion filed on 5 January 2021 which is currently before the full bench; all outstanding interlocutory applications be dismissed, with costs; (2) Unless by 21 June 2021 the appellant has filed and served her submissions in support of the appeal, the appeal be dismissed with costs; and (3) The proceedings be otherwise adjourned to 23 June 2021 before the Registrar for directions. Catchwords: CIVIL PROCEDURE – Court of Appeal – Show cause hearing – Failure to file written submissions – Stay of hearing – Where no procedural unfairness in setting down hearing – Where no medical grounds for stay established – Where pendency of other motions by applicant, including applications to issue subpoenas and to reopen previous appeal, no reason for not preparing submissions – Stay refused – Where consistent failure to comply with directions – Where no sufficient reason for failure to file submissions – Self-executing order for dismissal of appeal if submissions not filed within one month CIVIL PROCEDURE – Court of Appeal – Notice of motion – Application to issue subpoenas – Where already before full bench on application to reopen – Abuse of process – Application dismissed CIVIL PROCEDURE – Court of Appeal – Notice of motion – Application to refer persons to prosecuting authorities – Where such relief inappropriate and unavailable – Abuse of process – Application dismissed Legislation Cited: Supreme Court Act 1970 (NSW), ss 46, 75A, 121(3) Uniform Civil Procedure Rules 2005 (NSW), rr 7.3(1), 31.36(3), 36.15, 36.16, 49.19(1), 51.51 Cases Cited: Hassan v Royal Prince Alfred Hospital [2019] NSWSC 1651 Hassan v Sydney Local Health District [2019] NSWSC 1652 Hassan v Sydney Local Health District [2020] NSWCA 195 Hassan v Sydney Local Health District (No 2) [2020] NSWSC 475 Hassan v Sydney Local Health District (No 2) [2020] NSWCA 356 Texts Cited: Practice Note SC CA 1 Category: Procedural rulings Parties: Ayan Abdi Hassan (Applicant) Sydney Local Health District t/as Royal Prince Alfred Hospital (Respondent) Representation: Counsel: Self-represented (Applicant) S Idowu, solicitor (Respondent)