[2020] NSWSC 1006

Health Professional Councils Authority v Holt

See paragraph 3

Catchwords

CIVIL PROCEDURE – hearings – adjournment – order that proceedings be heard together

Judgment

[1]
This matter is an interlocutory appeal, or alternatively, application for judicial review, from or of a decision of the Civil and Administrative Tribunal, Principal Member Marks granting a conditional stay of an order suspending the defendant dentist from practice. Since the matter was commenced, with commendable efficiency, Principal Member Marks published his decision in the substantive matter on 26 June 2020 and an appeal and alternatively application for judicial review has been commenced from that decision.
[2]
The interlocutory appeal is listed for hearing on 17 August 2020. The parties agree, sensibly in my view, there is no point seeking to ventilate that matter individually, and that to the extent to which it remains maintainable, it ought to be listed for hearing with the appeal from the substantive decision. The dentist was apparently successful, so the roles of the parties remain the same.
[3]
The appeal from the substantive decision is currently before the Registrar, I am informed, on 4 August 2020, and it seems sensible then to adjourn the hearing date and to list both matters for directions on that day, when the parties can agree upon a final timetable for the preparation of the matter for hearing.
[4]
I make the following orders:
1. (1)
  The hearing of matter number 2020/128201 on 17 August 2020 is vacated.
2. (2)
  The timetable for preparation imposed on 10 June 2020 is also vacated, so far as it remains pending.
3. (3)
  List the matter with matter number 2020/214831 before the Common Law Registrar on 4 August 2020 at a time to be fixed by the Registrar.
4. (4)
  Reserve the question of the costs of today and any costs wasted by virtue of the adjournment.