Ghosh v Medical Council of NSW

[2019] NSWCA 264

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Strike out of grounds of appeal
4. › Whether grounds raise questions of law
5. › Appeal from NCAT limited to questions of law
6. › Whether grounds going wholly to factual matters should be struck out
7. › Civil and Administrative Tribunal Act 2013 (NSW), cl 29 of Sch 5
1. Practice and Procedure
2. › Summary dismissal
3. › Motion to dismiss appeal for want of due despatch or as abuse of process
4. › Whether appeal discloses reasonable cause of action
5. › Uniform Civil Procedure Rules 2005 (NSW), rr 12.7, 13.4

Quick Take

Grounds of appeal from NCAT that go wholly to factual matters will be struck out where the appeal is limited to questions of law and no leave has been sought for other grounds.