Recent Cases

Coleman v Health Care Complaints Commission of NSW [2020] NSWCA 337 (17 December 2020) (Macfarlan JA at [1]; Meagher JA at [51]; Simpson AJA at [52])


CIVIL PROCEDURE – stay of proceedings – applicant a medical practitioner facing disciplinary proceedings in Tribunal and pending criminal proceedings – both proceedings to deal with the same alleged misconduct – application of Zhao (2015) 255 CLR 46 – applicant would suffer prejudice if disciplinary proceedings not stayed until criminal proceedings resolved – applicant’s registration as a medical practitioner suspended – delay in resolving disciplinary proceedings a relevant but not critical factor