Tisdall v Health Insurance Commission

[2001] FCA 1607

FEDERAL COURT OF AUSTRALIA

Tisdall v Health Insurance Commission [2001] FCA 1607

PRACTICE AND PROCEDURE – application for a deferment of the hearing until after the determination of an appeal to the Full Court in another matter – where determination of the appeal to the Full Court will not be determinative of this matter – application for deferment of hearing denied

Grey v Health Insurance Commission [2001] FCA 1257 cited

DR PETER THOMAS TISDALL v
THE HEALTH INSURANCE COMMISSION AND OTHERS
V 849 OF 2000

TAMBERLIN J
SYDNEY
25 OCTOBER 2001

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	V 849  OF 2000

BETWEEN:	DR PETER THOMAS TISDALL APPLICANT
AND:	THE HEALTH INSURANCE COMMISSION & ORS RESPONDENTS
JUDGE:	TAMBERLIN J
DATE OF ORDER:	25 OCTOBER 2001
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        The application for a deferment of the hearing be denied.

2.        The hearing proceed on 3-7 December 2001.

3.        The question of costs be reserved.

4.        Liberty to apply on forty-eight (48) hours notice be reserved to the parties.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	V 849  OF 2000

BETWEEN:	DR PETER THOMAS TISDALL APPLICANT
AND:	THE HEALTH INSURANCE COMMISSION & ORS RESPONDENTS

JUDGE:	TAMBERLIN J
DATE:	25 OCTOBER 2001
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter, an application has been made by the respondents to postpone the hearing of this matter, pending an appeal to the Full Court against the decision of Finkelstein J in the matter of Grey v Health Insurance Commission [2001] FCA 1257. Having heard the submissions of the parties and having considered the history of the matter, I am not satisfied that the determination of the Grey appeal, which may be considerably delayed, will be determinative in itself of the outcome of this proceeding.  Dates have been considered and set aside for the hearing of this matter and I think that it is in the interest of having a speedy resolution of the complaints or charges which have been laid against Dr Tisdall to have the matter heard as soon as possible.

2. I consider that this consideration is greater in weight than the matters of some cogency which have been put to me by Ms Hampel in favour of an adjournment.  Accordingly, I reject the application for an adjournment or deferment of this proceeding pending the determination of the Full Court, and confirm that the hearing of the matter will proceed on 3-7 December 2001.

3. I will reserve any question of costs until I have heard the substance of the matter.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.

Associate:

Dated:             14 November 2001

Counsel for the Applicant:	B Manotti
Solicitor for the Applicant:	Grundy Maitland & Co
Counsel for the Respondents:	F Hampel
Solicitor for the Respondents:	Minter Ellison
Date of Hearing:	25 October 2001
Date of Judgment:	25 October 2001