Kaye v Health Care Complaints Commission [2021] NSWCATOD 228

Kaye v Health Care Complaints Commission [2021] NSWCATOD 228

Extension of time should not be granted as applicant was present and/or legally represented at relevant hearings, his case was adequately put, statutory requirements for setting aside orders have not been met, and appeal process forecloses Tribunal’s ability to revisit the matter.

Jurisdiction
Australia
Judgment Date
12 March 2021
Procedural Posture
Administrative Law—tribunal Application / Application for Extension of Time and to Set Aside/vary Orders
Outcome
Application dismissed
Legal Topics
['extension of Time' 'tribunal Power to Set Aside or Vary Decisions' 'procedural Fairness' 'appeal Process' 'statutory Compliance']
['administrative Law' 'health Law'] ['extension of Time' 'tribunal Power to Set Aside or Vary Decisions' 'procedural Fairness' 'appeal Process' 'statutory Compliance']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Law—tribunal Application / Application for Extension of Time and to Set Aside/vary Orders

Legal Issues

  1. 1 ['Whether Tribunal should grant extension of time to apply to set aside or vary earlier orders' 'Whether the orders should be set aside under cl 9 of Civil and Administrative Tribunal Regulation 2013' 'Whether applicant’s absence prevented adequate presentation of the case' 'Whether Tribunal has power to set aside or vary decision following internal appeal']

Ratio Decidendi

Extension of time should not be granted as applicant was present and/or legally represented at relevant hearings, his case was adequately put, statutory requirements for setting aside orders have not been met, and appeal process forecloses Tribunal’s ability to revisit the matter.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013.']