Reimers v Health Care Complaints Commission

[2013] NSWCA 366

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Discretion to refuse relief
4. › Abuse of process
5. › Anshun estoppel
6. › Whether new grounds in second judicial review proceedings ought reasonably to have been advanced in first proceedings
7. › Whether proceedings properly characterised as abuse of process
1. Practice and Procedure
2. › Abuse of process
3. › Successive proceedings
4. › Anshun estoppel applied to judicial review proceedings
5. › Whether arguments so relevant to subject matter of first action that unreasonable not to rely on them
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Whether proceedings so obviously doomed to fail as abuse of process that indemnity costs warranted

Quick Take

Anshun estoppel applies to judicial review proceedings, so that a party who fails to raise available grounds in one judicial review application cannot bring fresh proceedings on those grounds. Reframing the relief sought from certiorari to declarations does not avoid the abuse of process characterisation where the substantive objective is the same.