Kaye v Health Care Complaints Commission [2021] NSWCATOD 228

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kaye v Health Care Complaints Commission [2021] NSWCATOD 228 Hearing dates: Hearing on the papers Date of orders: 12 March 2021 Decision date: 12 March 2021 Jurisdiction: Occupational Division Before: Naida Isenberg, Senior Member Decision: The application is dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013. Catchwords: EXTENSION OF TIME – principles – where substantive matter relates to Tribunal's power to set aside decision where no opportunity for Applicant to adequately put case - no prospect of success in substantive matter Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Regulation 2013 Health Care Complaints Act 1993 Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Kaye v Health Care Complaints Commission [2017] NSWCATOD 157 Kaye v Health Care Complaints Commission (No 2) [2018] NSWCATOD 36 Kaye v Health Care Complaints Commission [2018] NSWCATAP 146 Li v Ward Building Construction Pty Ltd [2016] NSWCATAP 104 XDX [2014] NSWCATGD 38 Category: Principal judgment Parties: David Kaye (Applicant) Health Care Complaints Commission (Respondent) Representation: Solicitors: Applicant: self-represented Respondent: File Number(s): 2016/378460 Publication restriction: nil

REASONS FOR DECISION 1. The Applicant, David Kaye has brought proceedings in the Tribunal against the Health Care Complaints Commission (Commission) under cl 9 of the Civil and Administrative Tribunal Regulation 2013 (Regulation). 2. The Commission applied under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (the Act) to have Mr Kaye's present application dismissed.