Hassan v Sydney Local Health District (No 4) [2021] NSWCA 187

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hassan v Sydney Local Health District (No 4) [2021] NSWCA 187 Hearing dates: On the papers Date of orders: 27 August 2021 Decision date: 27 August 2021 Before: Bell P; Basten JA; Leeming JA Decision: 1. Notice of motion of 18 June 2021 dismissed with costs. 2. The Registrar is directed, should the applicant file a further motion or motions seeking, in substance, to challenge in this Court the decision of Fagan J being Hassan v Sydney Local Health District (No 2) [2020] NSWSC 475, the decisions of this Court being [2020] NSWCA 195; [2020] NSWCA 356; [2021] NSWCA 97; [2021] NSWCA 122 and [2021] NSWCA 124 and this decision, or seeking any relief of the kind sought in the notices of motion dealt with in the judgments of this Court, to promptly vacate the return date, notify the parties, and refer the papers to a Judge nominated by the President to determine whether the Court should fix a new return date and notify the parties, or whether Ms Hassan should be invited to show cause in writing why the Court should not summarily dismiss the motion or motions as vexatious and an abuse of process. Catchwords: CIVIL PROCEDURE – abuse of process – where the Court may exercise its inherent powers to prevent an abuse of its process – where the Court deemed it appropriate that an order in the nature of that made in Teoh v Hunters Hill Council (No 4) [2011] NSWCA 324 be made CIVIL PROCEDURE – notice of motion – where applicant filed notice of motion challenging earlier orders by judges of the Court and in part repeating relief that had previously been sought and refused – where the notice of motion was dismissed as an abuse of process or as being either vexatious or oppressive, or as disclosing no arguable basis for the relief sought Legislation Cited: Civil Procedure Act 2005 (NSW) ss 38, 51(4) Supreme Court Act 1970 (NSW) s 11(1) Cases Cited: Teoh v Hunters Hill Council (No 4) (2011) 81 NSWLR 771; [2011] NSWCA 324 Category: Procedural rulings Parties: Ayan Abdi Hassan (Applicant) Sydney Local Health District t/as Royal Prince Alfred Hospital (Respondent) Representation: Counsel: In person (self-represented) (Applicant) B Bradley (Respondent)