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

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

The motion was dismissed because there was no proceeding on foot in the Court of Appeal and the applicant had not sought leave to appeal; ongoing proceedings in the Common Law Division did not confer a continuing supervisory jurisdiction on the Court of Appeal. The request for a coronial inquest also failed because no arguable basis for such an order was identified and any such order should be sought in a trial Division of the Court.

Jurisdiction
Australia
Judgment Date
20 April 2016
Procedural Posture
Notice of Motion in the Court of Appeal Seeking Review of a Supreme Court Common Law Division Judgment and an Order Directed to the Coroner to Hold an Inquest / Motion Dated and Filed 4 April 2016 Dismissed
Outcome
Motion dismissed with costs.
Legal Topics
['notice of Motion' 'court of Appeal Jurisdiction' 'proceedings on Foot' 'coronial Inquest' 'costs']
['practice and Procedure'] ['notice of Motion' 'court of Appeal Jurisdiction' 'proceedings on Foot' 'coronial Inquest' 'costs']

Case Brief

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Procedural Posture

Notice of Motion in the Court of Appeal Seeking Review of a Supreme Court Common Law Division Judgment and an Order Directed to the Coroner to Hold an Inquest / Motion Dated and Filed 4 April 2016 Dismissed

Legal Issues

  1. 1 ['Whether relief could be sought by notice of motion in the Court of Appeal where there was no proceeding on foot in that Court.' 'Whether the existence of proceedings on foot in the Common Law Division vested a continuing supervisory jurisdiction in the Court of Appeal.' "Whether an order should be made that the Coroner hold an inquest concerning the death of the applicant's father." 'Whether costs should follow the event.']

Ratio Decidendi

The motion was dismissed because there was no proceeding on foot in the Court of Appeal and the applicant had not sought leave to appeal; ongoing proceedings in the Common Law Division did not confer a continuing supervisory jurisdiction on the Court of Appeal. The request for a coronial inquest also failed because no arguable basis for such an order was identified and any such order should be sought in a trial Division of the Court.

Court Disposition

Motion dismissed with costs.

Orders

  • ['Dismiss the motion of Mofeed Louis Tanious dated and filed 4 April 2016.' 'Order that the applicant pay the costs of the respondents of the motion.']