Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31:

1. On 1 April 2025, the Appeal Panel constituted by Deputy President S Westgarth and Principal Member K Robinson in FHP v Arys Health Pty Ltd [2025] NSWCATAP 66 made a decision (the 1 April 2025 AP Decision) comprising the following orders (the 1 April 2025 AP Orders) and reasons:

"(1) To the extent leave is required in respect of the appeal concerning the order affecting the Second Respondent leave is refused and the appeal in respect of the Second Respondent is dismissed.

(2) In respect of the appeal from the order affecting the First Respondent, the appeal is stayed subject to the following directions:

a) The Appellant has a period not exceeding three months from the date of this decision to obtain the consent of the Supreme Court to the further progress of the appeal in respect of the First Respondent.

b) If the Appellant seeks an extension of the time limit of three months he must lodge an application for such extension before the expiration of three months from the date of this decision.

c) The First Respondent has leave to apply to the Appeal Panel for an order dismissing the appeal in the event that the Appellant does not obtain the consent of the Supreme Court.

d) Both the Appellant and the First Respondent have leave to apply to the Appeal Panel for further directions upon giving to the other party seven days' notice of such application.

e) The Registry is directed to list the appeal against the First Respondent for further directions or dismissal on a date approximately four months from the date of this decision.

(3) The Appellant's Applications for Miscellaneous Matters are dismissed."

2. On 27 June 2025 at 3:00 PM, the Appellant sent an email to the Appeal Registry attaching a document headed "Extension Time Application" dated 27 June 2025 (the 27 June 2025 FHP Application).

3. On 3 July 2025, the Appeal Panel constituted by myself made orders (the 3 July 2025 AP Orders) for submissions by the Appellant and the Second Respondent, and listing the 27 June 2025 FHP Application for hearing on 16 July 2025 at 9:30 AM.

4. On 15 July 2025, the Appellant lodged documents (the 15 July 2025 FHP Documents).

5. On 16 July 2025, the Appeal Panel constituted by myself made orders (the 16 July 2025 AP Orders) extending the time for submissions by the Appellant and the Second Respondent, and listing the 27 June 2025 FHP Application for hearing on 30 July 2025 at 9:30 AM as well as the following notation:

"3. The Appeal Panel notes that the Appellant has failed to provide satisfactory evidence that he has commenced proceedings in the Supreme Court of New South Wales seeking on order for leave to continue the appeal against the First Respondent Arys Health Pty Ltd. Unless the Appellant provides satisfactory evidence including a copy of a sealed summons or other originating process and any directions made by the Supreme Court of New South Wales at the adjourned hearing on 30 July 2025 at 9.30 AM, the Appeal Panel will give consideration to the dismissal of the balance of the Appeal pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW)."

6. On 30 July 2025, the Appellant made an application that I disqualify myself (the 30 July 2025 FHP Recusal Application). I dismissed the Application and indicated that I would provide written reasons. I then made orders to facilitate the hearing of the 27 June 2025 FHP Application (the 30 July 2025 AP Orders).

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1985ed89373cc37d3b065e2b)

Disclaimer: Curated by HT Syndication.