Fernandez v State of New South Wales

The applicants, represented by Ms. Fernandez, sought leave to appeal a decision concerning directives issued by the State of New South Wales to its health districts. These directives mandated the procurement of guarantees of liability from Medicare ineligible patients. The dispute centred on whether these directives were legally valid and enforceable within the framework of the *Health Services Act 1997* (NSW). The matter was heard by the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the directives were repugnant to other provisions of the *Health Services Act 1997* (NSW), specifically concerning representations inconsistent with their intended effect, and whether it was appropriate to determine separate questions regarding the validity of these directives.

The Court of Appeal dismissed the summons seeking leave to appeal. While the specific reasoning for this dismissal is not detailed in the provided text, the outcome indicates that the Court found no sufficient grounds to grant leave to appeal the underlying decision. Consequently, the applicants were ordered to pay the respondents' costs of the application on the ordinary basis.