Hassan v Sydney Local Health District

In the Court of Appeal of New South Wales, the appellant, Ms Hassan, sought a stay of a hearing and other interlocutory relief against the respondent, Sydney Local Health District. The proceedings concerned an appeal by Ms Hassan, and the court was considering whether to grant a stay of the hearing due to Ms Hassan's alleged failure to file written submissions and her medical condition. Ms Hassan also brought further applications, including for the issuance of subpoenas and to refer individuals to prosecuting authorities.

The primary legal issues before the Court of Appeal were whether Ms Hassan had established sufficient grounds for a stay of the hearing, whether her applications for subpoenas and referrals constituted an abuse of process, and what orders should be made regarding the outstanding interlocutory applications and the future conduct of the appeal. The court was required to determine if there was any procedural unfairness in setting down the hearing and if Ms Hassan's medical condition or the pendency of other motions provided a valid reason for her failure to prepare submissions.

Brereton JA found that there was no procedural unfairness in setting down the hearing and that no medical grounds for a stay had been established. The court reasoned that the pendency of other motions, including applications to issue subpoenas and to reopen a previous appeal, did not excuse Ms Hassan's consistent failure to comply with directions and prepare her submissions. The applications for subpoenas and referrals were dismissed as an abuse of process, being inappropriate and unavailable relief. Consequently, the court ordered that, save for specific interlocutory applications relating to the adducing of new evidence and a motion already before the full bench, all other outstanding interlocutory applications be dismissed with costs. The appeal was to be dismissed with costs unless Ms Hassan filed and served her submissions in support of the appeal by 21 June 2021. The proceedings were otherwise adjourned for directions.