Quach v Health Care Complaints Commission [2015] NSWCA 187

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Quach v Health Care Complaints Commission [2015] NSWCA 187 Hearing dates: 29 June 2015 Decision date: 08 July 2015 Before: Meagher JA Decision: 1. Dismiss the plaintiff's notices of motion filed on 4 May 2015 and 23 June 2015. 2. Order the plaintiff to pay the second defendant's costs of those motions. 3. Direct that the second defendant serve on the plaintiff and provide to my Associate by 5pm on 10 July 2015 written submissions (not to exceed three pages) addressing the basis upon which it is submitted those costs should be assessed. 4. Direct that the plaintiff serve on the second defendant and provide to my Associate by 5pm on 16 July 2015 written submissions (not to exceed three pages) in response to those of the second defendant. Catchwords: PROCEDURE – judgments and orders – stay pending judicial review under Supreme Court Act 1970 (NSW), s 69 – where order cancelling registration of health practitioner under s 149C of the Health Practitioner Regulation National Law (NSW) effective immediately – where proposed grounds of "merits" appeal not specified – where judicial review sought and statutory right of appeal not pursued – stay refused

PROCEDURE – extension of time for appeal – where proposed that judicial review proceedings be pursued before statutory right of appeal – where proposed grounds of appeal and explanation for delay not provided – extension of time refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Health Practitioner Regulation National Law (NSW) Supreme Court Act 1970 (NSW), ss 66, 69 Uniform Civil Procedure Rules 2005 (NSW), r 51.16(1) Cases Cited: Hill v King (1993) 31 NSWLR 654 Kirk v Industrial Court of New South Wales [2010] HCA 1; 239 CLR 531 McBride v Walton (Court of Appeal (NSW), Handley JA, 27 August 1993, unrep) Quach v New South Wales Civil and Administrative Tribunal [2015] NSWCA 63 Category: Procedural and other rulings Parties: Michael Van Thanh Quach (Plaintiff) New South Wales Civil and Administrative Tribunal (First Defendant) Health Care Complaints Commission (Second Defendant) Attorney General of New South Wales (Third Defendant) Representation: Counsel: K Richardson (Second Defendant) B Lim (Third Defendant)