Hassan v Sydney Local Health District (No 3)
Case
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[2021] NSWCA 124
•10 June 2021
Details
AGLC
Case
Decision Date
Hassan v Sydney Local Health District (No 3) [2021] NSWCA 124
[2021] NSWCA 124
10 June 2021
CaseChat Overview and Summary
The New South Wales Court of Appeal, constituted by Bell P, Basten, and Leeming JJA, considered an application by the appellant, Mr Hassan, against the respondent, Sydney Local Health District. The dispute concerned an order made by the Court on 23 December 2020 in a previous proceeding, *Hassan v Sydney Local Health District (No 2)* [2020] NSWCA 356.
The sole legal issue before the Court was whether the order made on 23 December 2020 should be varied. Specifically, the Court was asked to determine whether the term "Application for leave to appeal" in that order should be substituted with the term "Notice of motion".
The Court reasoned that the correction was necessary to accurately reflect the procedural nature of the application that had been before it. The Court applied the principle that court orders should be precise and reflect the actual proceedings conducted. Consequently, the Court ordered that the previous order be varied to substitute "Notice of motion" for "Application for leave to appeal".
The sole legal issue before the Court was whether the order made on 23 December 2020 should be varied. Specifically, the Court was asked to determine whether the term "Application for leave to appeal" in that order should be substituted with the term "Notice of motion".
The Court reasoned that the correction was necessary to accurately reflect the procedural nature of the application that had been before it. The Court applied the principle that court orders should be precise and reflect the actual proceedings conducted. Consequently, the Court ordered that the previous order be varied to substitute "Notice of motion" for "Application for leave to appeal".
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Administrative Law
Legal Concepts
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Appeal
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Judicial Review
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Procedural Fairness
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Standing
Actions
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Most Recent Citation
Hassan v Sydney Local Health District (No 4) [2021] NSWCA 187
Cases Cited
3
Statutory Material Cited
2
Hassan v Sydney Local Health District (No 2)
[2020] NSWCA 356
Allen v R (No 2)
[2020] NSWCCA 196
R v Green and Quinn
[2011] NSWCCA 71