Ghosh v Medical Council of NSW [2019] NSWCA 264

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ghosh v Medical Council of NSW [2019] NSWCA 264 Hearing dates: 21 October 2019 Decision date: 21 October 2019 Before: Barrett AJA Decision: 1. Order that paras 4, 8, 9 and 10 of the amended notice of appeal filed on 21 October 2019 be struck out. 2. The appellant pay the respondent's costs of the notice of motion filed on 11 October 2019. 3. Vacate the existing directions as to the filing of further submissions and direct in lieu as follows: that the respondent's submissions be filed and served by 4:00pm on 28 October 2019; and that any submissions in reply of the appellant be filed and served by 4:00pm on 31 October 2019. Catchwords: PROCEDURE – motion seeking dismissal of appeal for want of due despatch or because no reasonable cause of action shown or because the appeal is an abuse of the process of the Court – no matter of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), cl 29 of Sch 5 Uniform Civil Procedure Rules 2005 (NSW), rr 12.7, 13.4, 13.4 Cases Cited: Ghosh v Medical Council of NSW [2019] NSWCA 25 Shaw v State of New South Wales [2012] NSWCA 102 Category: Procedural and other rulings Parties: Dr Ratna Ghosh (appellant) Medical Council of NSW (respondent) Representation: Counsel: A Williams (appellant) O Jones (respondent) File Number(s): 2018/389585 Publication restriction: N/A Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Occupational Division Citation: [2018] NSWCATOD 186 Date of Decision: 20 November 2018 Before: ADCJ Knox SC, G Dore, L Cotterell, S Lovrovich File Number(s): 2018/8057