Tanious v South Eastern Sydney Local Health District [2016] NSWCA 83

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Tanious v South Eastern Sydney Local Health District [2016] NSWCA 83 Hearing dates: 20 April 2016 Decision date: 20 April 2016 Before: Basten JA Decision: (1) Dismiss the motion of Mofeed Louis Tanious dated and filed 4 April 2016.

(2) Order that the applicant pay the costs of the respondents of the motion. Catchwords: PRACTICE AND PROCEDURE – notice of motion – where no proceedings on foot in Court of Appeal – no supervisory jurisdiction conferred by ongoing proceedings in Common Law Division

PRACTICE AND PROCEDURE – notice of motion seeking coronial inquest – need to identify an arguable basis for such an order – application required to be made before primary judge Legislation Cited: Coroners Act 2009 (NSW), s 84 Category: Principal judgment Parties: Mofeed Louis Tanious (Applicant) South Eastern Sydney Local Health District (First Respondent) Dr Chris Dedousis (Second Respondent) Representation: Counsel: Applicant Self-represented Ms L Boyd

Solicitors: Applicant Self-represented Crown Solicitor's Office (Respondents) File Number(s): CA 2014/319990 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Division Citation: [2016] NSWSC 339 Date of Decision: 30 March 2016 Before: Wilson J File Number(s): 2013/80247