Clarke v South Eastern Sydney Local Health District [2021] NSWCA 84

Clarke v South Eastern Sydney Local Health District [2021] NSWCA 84

Ms Clarke failed to articulate intelligible grounds of appeal. No error of law or fact was demonstrated in the orders of the primary judge. The evidence established that Ms Clarke had frequently instituted and conducted vexatious proceedings. The exercise of the court's discretion under the Act was justified. Leave to appeal was refused and the notice of motion dismissed with costs.

Parties
Applicant: Sharmain Daisy Clarke; First Respondent: South Eastern Sydney Local Health District; Second Respondent: Nursing and Midwifery Council of New South Wales
Jurisdiction
Australia
Judgment Date
13 May 2021
Procedural Posture
Application for Leave to Appeal / Court of Appeal – Decision on Leave to Appeal
Outcome
Application for leave to appeal refused; notice of motion dismissed with costs
Legal Topics
Vexatious Litigants, Stay of Proceedings, Appeal From Stay, Error in Law or Fact
Civil Procedure Vexatious Litigants Stay of Proceedings Appeal From Stay Error in Law or Fact

Case Brief

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Parties

Sharmain Daisy Clarke

Applicant

South Eastern Sydney Local Health District

First Respondent

Nursing and Midwifery Council of New South Wales

Second Respondent

Procedural Posture

Application for Leave to Appeal / Court of Appeal – Decision on Leave to Appeal

Legal Issues

  1. 1 Whether the primary judge erred in granting orders under the Vexatious Proceedings Act 2008 (NSW) against Ms Clarke
  2. 2 Whether Ms Clarke had frequently instituted or conducted proceedings in Australia
  3. 3 Whether the proceedings were vexatious within the meaning of s 6 of the Act

Ratio Decidendi

Ms Clarke failed to articulate intelligible grounds of appeal. No error of law or fact was demonstrated in the orders of the primary judge. The evidence established that Ms Clarke had frequently instituted and conducted vexatious proceedings. The exercise of the court's discretion under the Act was justified. Leave to appeal was refused and the notice of motion dismissed with costs.

Court Disposition

Application for leave to appeal refused; notice of motion dismissed with costs

Orders

  • The application for leave to appeal be refused.
  • The notice of motion filed 7 April 2021 be dismissed.