Zepinic v Attorney General NSW [2023] NSWSC 1396

Supreme Court New South Wales

Medium Neutral Citation: Zepinic v Attorney General NSW [2023] NSWSC 1396 Hearing dates: 14 November 2023 Date of orders: 14 November 2023 Decision date: 14 November 2023 Jurisdiction: Common Law Before: Fagan J Decision: 1. The summons is dismissed. 2. The plaintiff's notice of motion filed on 8 September 2023 is dismissed. 3. The plaintiff to pay the first defendant's costs of the proceedings in the gross sum assessed pursuant to section 98(4)(c) of the Civil Procedure Act in the amount of $9,375. 4. The plaintiff is to pay the second defendant's costs of the proceedings in the gross sum assessed pursuant to section 98(4)(c) of the Civil Procedure Act in the amount of $31,743. Catchwords: CIVIL PROCEDURE – summary disposal – dismissal of proceedings – abuse of process – where summons brought by self-represented plaintiff sought to reagitate matters already decided and for which avenues of appeal exhausted APPEALS – jurisdiction of appellate court – Supreme Court – appeal from decision of Associate Justice to single Divisional Judge Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil Procedure Act 2005 (NSW) Health Practitioner Regulation National Law 2009 (NSW) Health Practitioner Regulation National Law Regulation 2018 (NSW) Supreme Court Act 1970 (NSW) Supreme Court Rules 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: El-Saeidy v NSW Land & Housing Corporation [2014] NSWCA 172 Penson v Titan National Pty Ltd [2015] NSWCA 404 Vito Zepinic v Health Care Complaints Commission [2020] NSWSC 13 Zepinic v Attorney General of NSW [2023] NSWSC 785 Zepinic v Health Care Complaints Commission [2020] NSWCA 146 Zepinic v Health Care Complaints Commission (No 2) [2018] NSWCATOD 16 Zepinic v Health Care Complaints Commission (No 2) [2020] NSWCA 320 Zepinic v Health Care Complaints Commission (No 3) [202]1 NSWCA 25 Category: Procedural rulings Parties: Vito Zepinic (Plaintiff) Attorney General of NSW (First Defendant) Australian Health Practitioner Regulation Agency (Second Defendant) Representation: Counsel: Self-represented Plaintiff (No appearance) R McEwen (First Defendant) P Lowson (Second Defendant)