Windsor v Health Care Complaints Commission (No 2) [2020] NSWCA 18

Windsor v Health Care Complaints Commission (No 2) [2020] NSWCA 18

The motion was dismissed because an early appeal hearing date had already been allocated, no justification for greater expedition was shown, and the appellant failed to identify prejudice or demonstrate an arguable appeal or any reason warranting a stay.

Jurisdiction
Australia
Judgment Date
19 February 2020
Procedural Posture
Appeal; Application for Expedition and Stay / Notice of Motion in the Court of Appeal
Outcome
Notice of Motion seeking expedition and stay dismissed with costs.
Legal Topics
['expedition of Appeal' 'stay Pending Appeal' 'cancellation of Registration as a General Practitioner']
['civil Procedure' 'health Practitioner Regulation'] ['expedition of Appeal' 'stay Pending Appeal' 'cancellation of Registration as a General Practitioner']

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

Appeal; Application for Expedition and Stay / Notice of Motion in the Court of Appeal

Legal Issues

  1. 1 ['Whether the appeal should be expedited beyond the hearing date already allocated.' "Whether the Tribunal's orders cancelling the appellant's registration as a general practitioner should be stayed pending disposition of the appeal."]

Ratio Decidendi

The motion was dismissed because an early appeal hearing date had already been allocated, no justification for greater expedition was shown, and the appellant failed to identify prejudice or demonstrate an arguable appeal or any reason warranting a stay.

Court Disposition

Notice of Motion seeking expedition and stay dismissed with costs.

Orders

  • ["The appellant's Notice of Motion seeking expedition and a stay of the decision below is dismissed with costs."]