Clarke v Nursing and Midwifery Council NSW [2020] FCA 1617

Clarke v Nursing and Midwifery Council NSW [2020] FCA 1617

None of the applicant's grounds of appeal identified error in the exercise of the primary judge's discretion; the findings as to no reasonable prospects, the incoherence of the pleadings, and the appropriateness of costs orders were well open and supported. There was no relevant procedural unfairness or breach of...

Source-derived case information.

Parties
Applicant: Sharmain Daisy Clarke; First Respondent: Nursing and Midwifery Council NSW; Second Respondent: Nursing and Midwifery Board; Third Respondent: Nurses and Midwives Association; Fourth Respondent: Ms Violet Stojkova
Jurisdiction
Australia
Judgment Date
06 November 2020
Procedural Posture
Applications for Leave to Appeal / Judgment on Leave to Appeal From Summary Dismissal and Costs Orders
Outcome
Applications for leave to appeal refused; applicant to pay the respondents' costs as agreed or taxed.
Legal Topics
Leave to Appeal, Summary Dismissal, Costs, Frivolous and Vexatious Proceedings, Abuse of Process
Practice and Procedure Leave to Appeal Summary Dismissal Costs Frivolous and Vexatious Proceedings Abuse of Process

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Parties

Sharmain Daisy Clarke

Applicant

Nursing and Midwifery Council NSW

First Respondent

Nursing and Midwifery Board

Second Respondent

Nurses and Midwives Association

Third Respondent

Ms Violet Stojkova

Fourth Respondent

Procedural Posture

Applications for Leave to Appeal / Judgment on Leave to Appeal From Summary Dismissal and Costs Orders

Legal Issues

  1. 1 Whether leave to appeal should be granted from the Federal Circuit Court's orders summarily dismissing the proceedings and awarding costs against the applicant on the grounds of no reasonable prospects of success, frivolity, vexatiousness, and abuse of process

Ratio Decidendi

None of the applicant's grounds of appeal identified error in the exercise of the primary judge's discretion; the findings as to no reasonable prospects, the incoherence of the pleadings, and the appropriateness of costs orders were well open and supported. There was no relevant procedural unfairness or breach of natural justice. The applicant did not demonstrate sufficient doubt attending the decisions or that substantial injustice would result if leave were refused. Leave to appeal was refused and the applications dismissed with costs.

Court Disposition

Applications for leave to appeal refused; applicant to pay the respondents' costs as agreed or taxed.

Orders

  • Leave to appeal is refused in both NSD 1295 of 2019 and NSD 34 of 2020.
  • The applicant is to pay the costs of the first, second, third and fourth respondents in NSD 1295 of 2019, as agreed or taxed.