Hassan v Sydney Local Health District (No 2)

[2021] NSWCA 122

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Court of Appeal
3. › Review of decisions
4. › Motion seeking review of decision dismissing application to review decision of single judge
5. › Whether motion misconceived, vexatious, or abuse of process
6. › Uniform Civil Procedure Rules 2005 (NSW), rr 36.15(1), 36.16(3)(a)
1. Practice and Procedure
2. › Reasons for judgment
3. › Extent of obligation to consider and address evidence and submissions
4. › Voluminous, unstructured and discursive material filed by self-represented litigant
5. › Whether failure to mention every affidavit or submission means material not considered
6. › Civil Procedure Act 2005 (NSW), s 56
1. Practice and Procedure
2. › Abuse of process
3. › Re-agitation of previously determined interlocutory applications
4. › Whether successive motions challenging same decision constitute abuse of process

Quick Take

Courts are not required to refer to every piece of evidence or submission in interlocutory decisions, particularly where material is voluminous, unstructured, and irrelevant to the issues, and successive motions re-agitating previously determined issues will be dismissed as an abuse of process.