ZAIDI v HEALTH CARE COMPLAINTS COMMISSION [1997] NSWCA 354

ZAIDI v HEALTH CARE COMPLAINTS COMMISSION SUPREME COURT OF NEW SOUTH WALES — CouRT OF APPEAL

MASON P

12 May 1997

[1997] NSWCA 354

Mason P. What I am minded to do would be to direct that a composite appeal book be prepared — appeal book and application book — that it contain the judgments of the tribunal in the two sets of proceedings, the notice of appeal, the papers relating to the objection to competency and the summons for prerogative relief and transcripts of the proceedings in this Court on 28 April and today; to direct that that be filed within twenty-one days by the appellant/claimant, that the appellant/claimant file and serve written submissions within twenty-eight days from today, that the respondent/opponent file and serve its submissions within a further fourteen days of receipt of the appellant/claimant submissions, and that the matter be brought back for further directions in six or seven weeks from today. What I have in mind is that the submissions will refer to what we will call the supplementary files, without the need for them to be embodied in the appeal books.

An alternative would be that when the submissions have been filed in accordance with that timetable, the parties shall have leave to approach the Registrar to fix a date. I will make arrangements with the Registrar for him to consult with me and it may be that the date that will be fixed will involve a two stage process, or it mayinvolve a one stage process if I form a particular view in the light of the written submissions. It would be communicated to the parties and if they wish to argue the toss on it we can bring it back for further directions. Is that convenient?

BRERETON: Certainly, your Honour.

HIS HONOUR: I will add the direction that upon compliance by the parties of the timetable that I have directed, the parties have leave to approach the Registrar with a view to fixing a date and I will reserve liberty to apply for further directions.