Sinha v Health Care Complaints Commission

In *Sinha v Health Care Complaints Commission*, the applicant, Dr. Sinha, sought a stay of an order made by the Medical Tribunal of New South Wales, which directed the removal of his name from the medical register. The application was heard by Sheller JA in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether to grant an extension of the stay previously ordered by the Medical Tribunal, pending the determination of Dr. Sinha's appeal against the Tribunal's decision. This involved considering the principles governing the grant of interlocutory relief in the context of an appeal against a disciplinary finding.

Sheller JA considered the balance of convenience and the prospects of success on appeal. While not explicitly detailing the full reasoning, the decision to extend the stay indicates that the Court was satisfied that there were sufficient grounds to preserve the status quo pending a full hearing of the appeal. The Court also ordered that the appeal be expedited, reflecting the urgency of the matter.

The Court of Appeal ordered that the stay granted by the Medical Tribunal be extended up to and including the date of determination of Dr. Sinha's appeal, or until further order. The hearing of the appeal was expedited, and the costs of the application were made costs in the appeal.