Hassan v Sydney Local Health District (No 4)

The applicant, Ms Hassan, challenged earlier orders made by judges of the Court of Appeal of New South Wales. The respondent was Sydney Local Health District. The dispute concerned Ms Hassan's attempt to relitigate issues that had already been decided by the courts.

The Court of Appeal was required to determine whether Ms Hassan's notice of motion, filed on 18 June 2021, constituted an abuse of process, was vexatious or oppressive, or disclosed no arguable basis for the relief sought.

The Court reasoned that the notice of motion repeated relief that had previously been sought and refused by the Court. Applying the principles established in cases such as *Teoh v Hunters Hill Council (No 4)*, the Court concluded that it was appropriate to exercise its inherent power to prevent an abuse of its process. Consequently, the notice of motion was dismissed.

The Court further directed the Registrar to take specific steps if the applicant filed further motions seeking to challenge the previous decisions of the Supreme Court and the Court of Appeal, or relief of a similar kind. These steps included vacating the return date, notifying the parties, and referring the matter to a Judge nominated by the President to determine whether to fix a new return date or invite the applicant to show cause why the motion should not be summarily dismissed as vexatious and an abuse of process.