Alexakis v Health Care Complaints Commission [2021] NSWCA 217

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Alexakis v Health Care Complaints Commission [2021] NSWCA 217 Hearing dates: 13 September 2021 Date of orders: 13 September 2021 Decision date: 13 September 2021 Before: Basten JA; Gleeson JA, Brereton JA Decision: (1) Dismiss the summons seeking leave to appeal. (2) Dismiss the notice of motion filed on 10 August 2021. (3) Order that the practitioner pay the Commission's costs in this Court. Catchwords: APPEALS – application for leave to appeal – practice and procedure – refusal of stay – separate civil proceedings in Supreme Court – common factual basis – differing issues – findings in one not admissible in the other – no prejudice demonstrated APPEALS – Civil and Administrative Tribunal, Occupational Division – refusal of stay – interlocutory decision – requirement for leave to appeal – applicable principles – error of law – issue of principle – demonstrated unfairness Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 38, 43, 51; Sch 5, Pt 6, cll 1, 29 Health Practitioner Regulation National Law (NSW), s 145G Cases Cited: Coleman v Health Care Complaints Commission of NSW [2020] NSWCA 337 In Re the Will of Gilbert (1946) 46 SR (NSW) 318 Category: Principal judgment Parties: Peter Alexakis (Applicant) Health Care Complaints Commission (Respondent) Representation: Counsel: Mr L Ellison SC / Mr L Fernandez (Applicant) Mr J Emmett / Ms R McEwen (Respondent)