Reimers v Health Care Complaints Commission [2013] NSWCA 366

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Reimers v Health Care Complaints Commission [2013] NSWCA 366 Hearing dates: 30 October 2013 Decision date: 30 October 2013 Before: Macfarlan JA at [1], [26] and [28]; Meagher JA at [27]; Barrett JA at [2] Decision: 1. Summons dismissed. 2. Notice of motion filed on 28 March 2013 dismissed. 3. That Gerrit Reimers pay the costs of Health Care Complaints Commission of proceedings 2013/78429 in this Court, such costs to be assessed on an indemnity basis. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - judicial review - discretion to refuse relief - application by deregistered medical practitioner for declarations that decision and orders of the Medical Tribunal made in 2003 are invalid - earlier application by the same applicant for order quashing the decision dismissed - where new grounds advanced on the present application ought reasonably to have been advanced in support of the earlier application - whether the present application is an abuse of process Legislation Cited: Medical Practice Act 1992 Uniform Civil Procedure Rules 2005 Cases Cited: Corporation of the City of Enfield v Development Assessment Commission [2000] HCA 5; (2000) 199 CLR 135 Dow Jones & Co Inc v Gutnick [2002] HCA 56; (2002) 210 CLR 575 Henderson v Henderson (1843) 3 Hare 100; 67 ER 313 Kong v Minister for Immigration and Citizenship [2011] FCA 1345; (2011) 199 FCR 375 Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45; (1981) 147 CLR 589 Reimers v Health Care Complaints Commission [2012] NSWCA 317 Rippon v Chilcotin Pty Ltd [2001] NSWCA 142; (2001) 53 NSWLR 198 Category: Principal judgment Parties: Gerrit Reimers (Applicant) Health Care Complaints Commission (Respondent) Representation: Counsel: Applicant in person Ms K Richardson (Respondent) Solicitors: Applicant in person Sarah Connors, Health Care Complaints Commission (Respondent) File Number(s): 2013/78429