Lindsay v Health Care Complaints Commission (No 1)

The appeal concerned a dispute between Mr Lindsay and the Health Care Complaints Commission, heard by the Supreme Court of New South Wales. The core of the matter involved an objection to the grounds of appeal raised by Mr Lindsay against a decision of the Tribunal.

The court was required to determine whether Mr Lindsay's appeal, as framed, properly invoked the statutory right of appeal, particularly concerning the requirement for appeals to be based on a "decision ... with respect to a point of law". It also considered whether the appeal could be dismissed "for other cause specified in the rules" and the extent to which the supervisory jurisdiction of the Supreme Court could be relied upon, including the necessity of affidavit evidence.

Basten JA, in his judgment, indicated that the appellant's claims, particularly those relating to procedural unfairness, did not substantively constitute complaints about a decision on a point of law made by the Tribunal. Consequently, the court granted leave for the appellant to file a summons under section 69 of the *Supreme Court Act 1970* (NSW) to pursue these claims, acknowledging the need for supporting affidavit evidence.