Hassan v The Minister for Health

[2006] WASCA 144

JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

TITLE OF COURT :   THE COURT OF APPEAL (WA)

CITATION:   HASSAN -v- THE MINISTER FOR HEALTH [2006] WASCA 144

CORAM:   MCLURE JA

HEARD:   13 JULY 2006

DELIVERED          :   13 JULY 2006

FILE NO/S:   CACV 130 of 2005

BETWEEN:   TAHANY HASSAN

Appellant

AND

THE MINISTER FOR HEALTH
Respondent

ON APPEAL FROM:

Jurisdiction              :  SUPREME COURT OF WESTERN AUSTRALIA

Coram  :REGISTRAR BOYLE

File No  :CACV 130 of 2005

Catchwords:

Practice and procedure - Application to review Registrar's decision to amend and exclude items in appeal book indexes - Turns on own facts

Legislation:

Nil

Result:

Application allowed

Category:    B

Representation:

Counsel:

Appellant:     In person

Respondent:     Mr D R Clyne

Solicitors:

Appellant:     In person

Respondent:     Dibbs Abbott Stillman

Case(s) referred to in judgment(s):

Nil

Case(s) also cited:

Nil

1. McLURE JA:  The appellant seeks a review of decisions made by Registrar Boyle on 23 June 2006 relating to the content of the appeal books.  The appellant is not legally represented.

2. She seeks orders that:

   "1.The order by the Registrar on 23 June 2006 to exclude item 1.16 from the Green Appeal Book to be set aside;

   2.The order by the Registrar on 23 June to exclude number 10 from the Draft Chronology dated 2 June 2006 to be set aside;

   3.The order by the Registrar on 23 June to make the amendments noted on the Green Book index to be set a side.

   4.The Appeal Books Indexes to be settled without excluding item 1.16 of the Green Appeal Book index and paragraph (10) of the Draft Chronology;

   5.The Appellant's reply to the Respondent's Notice of Contention to be included in the White Appeal Book Index;

   6.The amendments noted on the Green Appeal Book Index [regarding] the Exhibit numbers to be scraped [sic]."

3. The respondent objected to the inclusion of item 1.16 of the green appeal book index and item 10 of the draft chronology.  The Registrar made the directions on the papers.  In order to avoid any further delay in the listing of the appeal, I would set aside the decisions made by the Registrar relating to item 1.16 and item 10 and give the respondent leave to renew all objections to those items, whether on the grounds of relevance, admissibility or otherwise, at the hearing of the appeal.

4. Although the respondent has discontinued his cross‑appeal, there remains a notice of contention.  The respondent's notice of contention and the appellant's reply to the notice of contention should be included in the white appeal book.

5. The appellant also seeks a review of the Registrar's decision to alter the exhibit designation in the green appeal book index to accord with the designation used at the trial of the action.  This is required for the efficient conduct of the appeal and can occasion no possible prejudice to the appellant.  I dismiss the application to review this decision.

6. For these reasons I make orders 1 to 5 of the orders sought by the appellant.  The respondent has leave to renew his objections to items 1.16 and item 10 at the hearing of the appeal.  This review has been conducted on the papers.