Hassan v Sydney Local Health District (No 2)

The applicant, Hassan, sought a review by the Court of Appeal of a prior decision of that Court which had dismissed an application to review a decision of a single judge. The core of Hassan's argument was that the reviewing court had failed to consider all of the evidence and submissions presented, which were described as voluminous, unstructured, and discursive.

The Court of Appeal was required to determine the extent of its obligation to consider and address evidence and submissions in the context of an application to review a prior decision of the Court, particularly where those materials were extensive and lacked clear organisation.

The Court observed that while it has a duty to consider all relevant evidence and submissions, the nature and volume of the material presented can affect the manner in which this duty is discharged. In this instance, the Court found that the applicant had not demonstrated that the prior reviewing court had failed in its obligation. The Court noted that the applicant’s own presentation of the evidence and submissions was problematic, making it difficult for any court to fully engage with them. The Court emphasised that it is not required to provide a detailed response to every single point raised, especially when the material is disorganised.

The notice of motion seeking review was dismissed, with costs ordered in favour of the respondent, Sydney Local Health District.