Liprini v Medical Council of New South Wales

1. [1]

   HIS HONOUR: By two summonses dated 22 February 2024 but filed on 12 March 2024 and 26 July 2024, Dr Allan Liprini seeks the following relief:

2. [2]

   On 25 August 2020, the occupational division of the New South Wales Civil and Administrative Tribunal made an order cancelling Dr Liprini’s registration as a medical practitioner: Health Care Complaints Commission v Liprini [2020] NSWCATOD 94.

3. [3]

   Dr Liprini is currently subject to an order made by Adamson J on 5 December 2011 pursuant to the Vexatious Proceedings Act 2008: Pascoe v Liprini [2011] NSWSC 1484. That order is in the following terms:

4. [4]

   On 26 September 2014, Hidden J dismissed a motion by Dr Liprini pursuant to s 9 of the Act seeking to set aside those orders: see Pearce & Anor (formerly Pascoe) v Liprini [2014] NSWSC 1316.

5. [5]

   Pursuant to s 14(2) of the Act, Dr Liprini may apply to an appropriate authorised court for leave to institute proceedings that the order would otherwise prohibit him from instituting.

6. [6]

   Section 14(3) of the Act provides that Dr Liprini must file an affidavit with the application. That sub-section is as follows:

7. [7]

   By s 15(1) of the Act, an appropriate authorised court must dismiss an application made under s 14 for leave to institute proceedings if it considers –

8. [8]

   Dr Liprini has filed an affidavit purportedly in compliance with s 14 of the Act dated 22 February 2024. In that affidavit, Dr Liprini deposes that he does not believe he is a vexatious litigant. The affidavit confirms details about his medical history and other subjective aspects of his current predicament. Annexed to his affidavit is an application filed by him on 10 August 2023 in the NSW Civil and Administrative Tribunal seeking to restore his medical registration.

9. [9]

   Dr Liprini’s affidavit contains no detailed information about any previous application or proceedings instituted by him in terms, although it is noted that there is passing reference to “bundles” filed in other proceedings said to satisfy the requirements of s 14.

10. [10]

    Dr Liprini makes the following observation in relation to the proceedings before Hidden J:

11. [11]

    I note that in Pearce & Anor (formerly Pascoe) v Liprini [2014] NSWSC 1316, Hidden J said:

12. [12]

    Moreover, the affidavit fails to mention that on 24 March 2012, Dr Liprini made an ex parte application for the stay of a writ of possession issued on 8 March 2012 that required him to give up possession of a property at Sylvania Waters: Pascoe v Liprini [2012] NSWSC 345. White J dismissed those proceedings as an abuse of process, noting that Dr Liprini had not sought leave as required under the Vexatious Proceedings Act 2008.

Decision

1. [13]

   In my opinion, Dr Liprini’s application should be dismissed under s 15(1)(a) of the Act because he has failed to comply with the requirements of s 14(3). Dr Liprini’s affidavit does not list all other proceedings he has instituted in Australia, and it does not disclose all material facts known to him, whether supportive of or adverse to, in his application. To the contrary, the affidavit is misleading regarding the conduct of the hearing before Hidden J. The affidavit therefore does not substantially comply with s 14(3) of the Act.

2. [14]

   For these reasons, the application must be dismissed.