LINDSAY v HEALTH CARE COMPLAINTS COMMISSION (NO 1) [2009] NSWCA 97

New South Wales Court of Appeal

CITATION: LINDSAY v HEALTH CARE COMPLAINTS COMMISSION (NO 1) [2009] NSWCA 97

HEARING DATE(S): 30 April 2009

JUDGMENT DATE: 30 April 2009

JUDGMENT OF: Basten JA at 1

(1) The Appellant has leave to file and serve a summons under s 69 of the Supreme Court Act 1970 (NSW) seeking relief presently identified in the further amended notice of appeal, but involving claims with respect to procedural unfairness and related issues which are not in substance complaints about any decision of the Tribunal with respect to a point of law.

(2) The Appellant has leave to file evidence, by way of affidavits, in support of the summons.

(3) The summons and the evidence referred to in directions (1) and (2) shall be filed and served by 29 May 2009.

(4) By 29 May 2009 the Appellant has leave to file a second further amended notice of appeal removing such grounds as are properly dealt with under the summons and any other material he does not seek to pursue.

(5) The Commission shall, by 12 June 2009 file and serve a statement identifying:

(a) any parts of the evidence filed by the Appellant to which objection is taken; DECISION: (b) any grounds of appeal (or parts thereof) to which objection is taken; and (c) the grounds of such objections.

(6) The matter is stood over to Monday, 15 June 2009 at 9.15am for further directions as to:

(a) the manner in which objections to evidence or pleadings are to be determined; (b) the filing of evidence on behalf of the Commission; (c) the preparation of written submissions and outstanding appeal books; (d) any further matter raised by the parties.