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[1997] NSWCA 354
Court of Appeal (NSW)
1997-05-12
Mason P
Original judgment source is linked above.
ZAIDI v HEALTH CARE COMPLAINTS COMMISSION SUPREME COURT OF NEW SOUTH WALES - CouRT OF APPEAL
Mason P. What I am minded to do would be to direct that a composite appeal book be prepared - appeal book and application book - that it contain the judgments of the tribunal in the two sets of proceedings, the notice of appeal, the papers relating to the objection to competency and the summons for prerogative relief and transcripts of the proceedings in this Court on 28 April and today; to direct that that be filed within twenty-one days by the appellant/claimant, that the appellant/claimant file and serve written submissions within twenty-eight days from today, that the respondent/opponent file and serve its submissions within a further fourteen days of receipt of the appellant/claimant submissions, and that the matter be brought back for further directions in six or seven weeks from today. What I have in mind is that the submissions will refer to what we will call the supplementary files, without the need for them to be embodied in the appeal books.
An alternative would be that when the submissions have been filed in accordance with that timetable, the parties shall have leave to approach the Registrar to fix a date. I will make arrangements with the Registrar for him to consult with me and it may be that the date that will be fixed will involve a two stage process, or it mayinvolve a one stage process if I form a particular view in the light of the written submissions. It would be communicated to the parties and if they wish to argue the toss on it we can bring it back for further directions. Is that convenient?
HIS HONOUR: I will add the direction that upon compliance by the parties of the timetable that I have directed, the parties have leave to approach the Registrar with a view to fixing a date and I will reserve liberty to apply for further directions.
BRERETON: Will your Honour vacate the appointment for settling an appeal index on Friday 23 May at 10.15am in the light of the earlier directions. There is no point in us having an appointment before the Registrar.
HIS HONOUR: I vacate the date fixed for settling the appeal index. Have I covered everything that would be needed for what I will call the skeleton appeal book?
BRERETON: I have provided to my learned friend an index in the usual form. The only matters which your Honour may not have specifically referred to would be the initiating process in the tribunal. On each of the applications before the tribunal we will include that anyway -
BRERETON: And obviously if there is anything else which in the ordinary course would be included, which my learned friend raises with me, we will do that. I amnot sure that your Honour referred to the transcript of the proceedings before the tribunal.
HIS HONOUR: My intention is that they will remain out of appeal book record, separately available. HIS HONOUR: Costs of today are costs in the proceedings.
ZAIDI
HEALTH CARE COMPLAINTS COMMISSION