Dr Quach v New South Wales Civil and Administrative Tribunal

1. [1]

   The New South Wales Health Care Complaints Commission seeks a removal of proceedings which are before this Court into the Court of Appeal for disposition in that jurisdiction.

2. [2]

   Dr Quach appears in person before the Court. He does not wish to be heard against the application to remove the matter to the Court of Appeal. He understands, I think, that his rights are in no way affected by the removal and he will have the opportunity before the Court of Appeal to have his applications determined.

3. [3]

   Dr Quach already has some matters before the Court of Appeal and that is the Court which has been allocated to deal with the matters..

4. [4]

   In those circumstances it is appropriate to remove these proceedings to that Court.

5. [5]

   There are orders from the Civil and Administrative Tribunal, which filed a submitting appearance today, which Dr Quach seeks to have reviewed. The decisions of which he seeks review were presided over by an Acting District Court judge and, an Acting District Court judge being for all relevant purposes a judge of the District Court, s 48 Supreme Court Act is enlivened. The operation of s 48 is such that the transfer of the matter to the Court of Appeal is the appropriate course.

6. [6]

   Accordingly I propose to make an order pursuant to s 51(1)(b) to remove the matter into the Court of Appeal to be joined before that Court with other matters involving Dr Quach, and dealt with in that Court.

7. [7]

   I propose to grant the Health Care Complaints Commission’s motion and make an order that the proceedings that are before the Court be removed into the Court of Appeal. That will allow joinder of the various proceedings.

Orders

1. [8]

   The court orders are as follows:

   1. (1)

      Proceedings are to be removed into the Court of Appeal.

   2. (2)

      Date is to be fixed by the Court of Appeal Registrar.