Lindsay v Health Care Complaints Commission (No 2)

The Health Care Complaints Commission (the Commission) sought to sever issues concerning the conduct of its counsel from the remainder of the proceedings in an appeal before the Court of Appeal of New South Wales. The appellant, Lindsay, was appealing a decision of the Commission.

The primary legal issue before the Court of Appeal was whether a separate hearing of the issues relating to the conduct of the Commission's counsel would promote the just, quick, and cheap resolution of the real issues in the proceedings, as contemplated by the Uniform Civil Procedure Rules 2005 (NSW) (UCPR). A secondary matter concerned the appellant's entitlement to legal assistance.

Basten JA dismissed the Commission's application to sever the issues. His Honour reasoned that separating the conduct of counsel would likely complicate, rather than simplify, the proceedings and would not necessarily lead to a more efficient resolution. The Court also ordered, pursuant to UCPR Part 7, Division 9, that the appellant be referred to the Registrar for referral to a barrister on the pro bono panel for legal assistance in relation to specific matters.