Qasim v Bird & Ors [2022] NSWSC 258

Supreme Court New South Wales

Medium Neutral Citation: Qasim v Bird & Ors [2022] NSWSC 258 Hearing dates: 10 March 2022 Date of orders: 17 March 2022 Decision date: 17 March 2022 Jurisdiction: Common Law Before: Davies J Decision: (1) In relation to the first defendant's notice of motion filed 29 October 2021: (a) Order that the first defendant be removed as a party to the proceedings pursuant to r 6.29 of the Uniform Civil Procedure Rules 2005 (NSW); (b) Reserve the question of costs. (2) In relation to the second defendant's notice of motion filed 29 October 2021: (a) Dismiss the proceedings against the second defendant pursuant to r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW) (b) Reserve the question of costs. (3) In relation to the notice of motion filed by the fourth, eleventh, twelfth, thirteenth and fifteenth defendants on 29 October 2021: (a) Order that the fourth, eleventh, twelfth, thirteenth and fifteenth defendants be removed as parties to the proceedings pursuant to r 6.29 of the Uniform Civil Procedure Rules 2005 (NSW); (b) Reserve the question of costs. (4) In relation to the fifth defendant's notice of motion filed 29 October 2021: (a) Dismiss the proceedings against the fifth defendant pursuant to r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW); (b) Reserve the question of costs. (5) In relation to the sixth defendant's notice of motion filed 29 October 2021: (a) Dismiss the proceedings against the sixth defendant pursuant to r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW); (b) Reserve the question of costs. (6) In relation to the seventh defendant's notice of motion filed 29 October 2021: (a) Dismiss the proceedings against the seventh defendant pursuant to r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW); (b) Reserve the question of costs. (7) In relation to the plaintiff's notice of motion filed 2 November 2021; (a) Dismiss the motion; (b) Reserve the question of costs. Catchwords: CIVIL PROCEDURE – parties – misjoinder – where no relief sought against a number of parties – order removing the parties from the proceedings pursuant to r 6.29 UCPR CIVIL PROCEEDINGS – summary disposal - dismissal of proceedings – no reasonable cause of action disclosed - where plaintiff practised as endocrinologist until suspension due to impairment – where NCAT cancelled plaintiff's registration as a doctor – where Court of Appeal upheld cancellation - where plaintiff named fifteen defendants in summons – where no relief sought against defendants – where claim in substance appeared to be negligence - where defendants as tribunal members, barristers and expert witnesses had immunity from suit – where proceedings statute-barred - orders dismissing proceedings pursuant to r 13.4 UCPR Legislation Cited: Civil and Administrative Tribunal Act 2013 No 2 (NSW) Sch 2 cl 4 Civil Procedure Act 2005 (NSW) s 56 Crimes Act 1900 (NSW) s 319 Federal Court of Australia Act 1976 (Cth) s 31A Health Practitioner Regulation National Law 2018 (NSW) No 86a s 237 Limitation Act 1969 (NSW) s 14 Uniform Civil Procedure Rules 2005 (NSW) rr 6.27, 6.29, 13.4, 14.28, 50.5, 59.3 Cases Cited: Agar v Hyde (2000) 201 CLR 552; [2000] HCA 4 Batistatos v Roads and Traffic Authority of New South Wales (2006) 226 CLR 256; [2006] HCA 27 Commonwealth of Australia v Griffiths (2007) 70 NSWLR 268; [2007] NSWCCA 270 D'Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1; [2005] HCA 12 Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87 General Steel Industries Inc. v Commissioner for Railways (1964) 112 CLR 125; [1964] HCA 69 Health Care Complaints Commission v Qasim [2014] NSWCATOD 42 Paul Ernest Simmons v Protective Commissioner of NSW also known as NSW Trustee and Guardian [2012] NSWSC 455 Qasim v Health Care Complaints Commission [2015] NSWCA 282 Qasim v Medical Council of NSW [2020] NSWCATOD 136 Qasim v Medical Council of New South Wales [2021] NSWCA 173 Robinson v State of New South Wales [2021] NSWSC 1571 Shaw v State of New South Wales [2012] NSWCA 102 Spencer v The Commonwealth of Australia (2010) 241 CLR 118; [2010] HCA 28 Texts Cited: Nil Category: Procedural rulings Parties: Shaheen Qasim (Plaintiff) Sarah Bird (First Defendant) Susan Doherty (Second Defendant) Steve McNamee (Third Defendant) Don Chisholm (Fourth Defendant) Joseph Proietto (Fifth Defendant) Roger Smith (Sixth Defendant) Shaun McGrath (Seventh Defendant) Michael Hall (Eighth Defendant) Kate Richardson (Ninth Defendant) Sharon Armstrong aka Sutherland (Tenth Defendant) Denis Cowdroy (Eleventh Defendant) Karen Arnold (Twelfth Defendant) Greg Fulcher (Thirteenth Defendant) Craig Bolger (Fourteenth Defendant) Member Garling (Fifteenth Defendant) Representation: Counsel: In person (Plaintiff) S Maybury (First Defendant) J Duncan (Second Defendant) T Allchurch (Fourth, Eleventh, Twelfth, Thirteenth & Fifteenth Defendants) N Regener (Fifth & Sixth Defendants) T Saunders (Seventh Defendant)