LINDSAY v HEALTH CARE COMPLAINTS COMMISSION (NO 2) [2009] NSWCA 150

New South Wales Court of Appeal

CITATION: LINDSAY v HEALTH CARE COMPLAINTS COMMISSION (NO 2) [2009] NSWCA 150

HEARING DATE(S): 15 June 2009

JUDGMENT DATE: 15 June 2009

JUDGMENT OF: Basten JA at 1

(1) The oral application of the Commission to have issues relating to the conduct of its counsel dealt with separately from the remainder of the proceedings is dismissed.

(2) Pursuant to UCPR Pt 7, Div 9, the appellant is referred to the Registrar for referral to a barrister on the pro bono panel for legal assistance with the following matters:

(a) preparing a further amended notice of appeal and summons under s 69 of the Supreme Court Act; (b) preparing an index for the necessary appeal books, and DECISION: (c) settling affidavit evidence to be adduced in support of the summons.

(3) The costs of today will be costs in the proceedings.

(4) The appeal and the summons are stood over to Monday, 10 August 2009 at 9.15 for further directions.

(5) Liberty to apply on three days notice.

CATCHWORDS: APPEAL – procedure – application to sever issues – complaints about conduct of counsel – whether separate hearing would promote just, quick and cheap resolution of real issues - LEGAL AID – legal assistance schemes – referred to pro bono panel – Uniform Civil procedure Rules 2005 (NSW) Pt 7, Div 9

Civil Procedure Act 2005 (NSW), s 56 LEGISLATION CITED: Medical Practice Act 1992 (NSW), s 90 Supreme Court Act 1970 (NSW), ss 43, 46, 69 Uniform Civil Procedure Rules 2005 (NSW), rr 4.15, 7.33, 28.2, 51.1, 51.18, 101, Pt 7, Div 9, Pt 28, Div 2

CASES CITED: Dafaalla v Concord Repatriation General Hospital [2007] NSWSC 602