Hassan v Sydney Local Health District

[2020] NSWCA 195

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Competency of appeal
4. › Appeal from final orders
5. › Challenge to earlier interlocutory decisions
6. › Whether leave to appeal required for interlocutory orders when appealing final judgment
7. › Supreme Court Act 1970 (NSW), s 101(2)(e)
1. Practice and Procedure
2. › Appeals
3. › Subpoenas on appeal
4. › Review of Registrar's decision refusing leave to issue subpoenas
5. › Whether subpoenas have legitimate forensic purpose
6. › Whether documents sought relevant to appeal rather than trial
7. › Uniform Civil Procedure Rules 2005 (NSW), rr 7.3, 49.19(1)
1. Practice and Procedure
2. › Appeals
3. › Additional evidence on appeal
4. › Special grounds requirement
5. › Whether evidence could have been obtained with reasonable diligence for use at trial
6. › Supreme Court Act 1970 (NSW), ss 75A(7), 75A(8), 75A(9)
1. Practice and Procedure
2. › Pleadings
3. › Notice of appeal
4. › Prolixity
5. › Self-represented litigant
6. › Whether notice of appeal should be struck out for non-compliance with rules
7. › Uniform Civil Procedure Rules 2005 (NSW), r 51.18(1)(e)

Quick Take

The Court held that interlocutory decisions which arguably contributed to the final order may be challenged as of right in an appeal against the final judgment without requiring leave under s 101(2)(e) of the Supreme Court Act 1970 (NSW).