Wu v Nursing and Midwifery Board of Australia (No 2) [2022] NSWCA 124

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wu v Nursing and Midwifery Board of Australia (No 2) [2022] NSWCA 124 Hearing dates: 11 July 2022 Date of orders: 14 July 2022 Decision date: 14 July 2022 Before: Meagher JA Decision: (1) Dismiss appeal proceedings 2021/00349873 for want of due despatch. (2) Dismiss summons proceedings 2022/00103882 for want of due despatch. (3) Order the appellant/applicant pay the respondent's costs of each of those proceedings. (4) Dismiss the application in paragraph 5 of the appellant's notice of motion filed on 14 June 2022. Catchwords: CIVIL PROCEDURE – Court of Appeal – show cause hearing – where consistent failure to comply with directions for filing and service of submissions – where appellant not prepared to prosecute appeal in timely manner or file submissions within reasonable period – proceedings dismissed for want of due despatch Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 31, 32, 82(1)(b), 82(3)(a), 83(1), Sch 5 Civil Procedure Act 2005 (NSW), ss 57, 58 Health Practitioner Regulation National Law (NSW), ss 36, 175(1)(a), 175(2)(c), 175(3) Supreme Court Act 1970 (NSW), s 48 Uniform Civil Procedure Rules 2005 (NSW), rr 7.36, 12.7(1), 51.1(3), 51.1(4) Cases Cited: Wu v Nursing and Midwifery Board of Australia [2022] NSWCA 102 Yan Wu v Nursing and Midwifery Board of New South Wales [2022] NSWCA 70 Category: Procedural rulings Parties: Ms Yan Wu (Appellant) Nursing and Midwifery Board of Australia (Respondent) Representation: Counsel: