Clarke v South Eastern Sydney Local Health District [2021] NSWCA 43

Clarke v South Eastern Sydney Local Health District [2021] NSWCA 43

The notice of motion was dismissed because Ms Clarke could not articulate a comprehensible basis for staying Schmidt AJ's orders, and the stay would not facilitate her ability to work as a nurse because the apparent impediment to practice arose from registration-related orders dealt with in Civil and Administrative Tribunal proceedings, not from the vexatious proceedings orders. The remaining relief sought was misconceived as an application to the Court of Appeal. Expedition was directed because of the importance of the matter to Ms Clarke and was not opposed.

Jurisdiction
Australia
Judgment Date
15 March 2021
Procedural Posture
Application for Leave to Appeal and Notice of Motion Seeking Stay and Other Relief / Notice of Motion Before the Court of Appeal
Outcome
Notice of motion dismissed; application for leave to appeal expedited to the extent the business of the Court permits; applicant ordered to pay respondents' costs of the motion, not to be enforced until after disposition of the appeal.
Legal Topics
['vexatious Litigants' 'stay of Proceedings' 'leave to Appeal' 'expedition' 'joinder of Parties' 'costs']
['civil Procedure'] ['vexatious Litigants' 'stay of Proceedings' 'leave to Appeal' 'expedition' 'joinder of Parties' 'costs']

Case Brief

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Procedural Posture

Application for Leave to Appeal and Notice of Motion Seeking Stay and Other Relief / Notice of Motion Before the Court of Appeal

Legal Issues

  1. 1 ["Whether the orders made by Schmidt AJ on 9 February 2021 should be stayed pending Ms Clarke's application for leave to appeal." "Whether Ms Clarke's application for leave to appeal should be expedited." 'Whether the additional relief sought in the notice of motion, including joinder and transfer of proceedings, was appropriate in the Court of Appeal.' 'What costs order should be made on the notice of motion.']

Ratio Decidendi

The notice of motion was dismissed because Ms Clarke could not articulate a comprehensible basis for staying Schmidt AJ's orders, and the stay would not facilitate her ability to work as a nurse because the apparent impediment to practice arose from registration-related orders dealt with in Civil and Administrative Tribunal proceedings, not from the vexatious proceedings orders. The remaining relief sought was misconceived as an application to the Court of Appeal. Expedition was directed because of the importance of the matter to Ms Clarke and was not opposed.

Court Disposition

Notice of motion dismissed; application for leave to appeal expedited to the extent the business of the Court permits; applicant ordered to pay respondents' costs of the motion, not to be enforced until after disposition of the appeal.

Orders

  • ['The Notice of Motion filed on 9 March 2021 be dismissed.' "Direct that the hearing of the Applicant's application seeking leave to appeal be expedited to the extent that the business of the Court permits." 'The applicant on the motion pay the costs of the respondents on the motion, not to be enforced until after...