Clarke v South Eastern Sydney Local Health District [2020] NSWCA 8

Clarke v South Eastern Sydney Local Health District [2020] NSWCA 8

There was no material error on the part of Bellew J in dismissing the applicant's proceedings. The applicant failed to demonstrate any arguable case that would justify the grant of leave to appeal. Claims advanced did not disclose a reasonable cause of action, and alleged procedural unfairness or factual errors were not substantiated or material to the outcome.

Parties
Applicant: Sharmain Daisy Clarke; First Respondent: South Eastern Sydney Local Health District; Second Respondent: Julie Herrick
Jurisdiction
Australia
Judgment Date
11 February 2020
Procedural Posture
Civil / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed
Legal Topics
Leave to Appeal, Summary Dismissal, Reasonable Cause of Action, Procedural Fairness, Breach of Contract, Negligence
Civil Procedure Leave to Appeal Summary Dismissal Reasonable Cause of Action Procedural Fairness Breach of Contract Negligence

Case Brief

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Parties

Sharmain Daisy Clarke

Applicant

South Eastern Sydney Local Health District

First Respondent

Julie Herrick

Second Respondent

Procedural Posture

Civil / Application for Leave to Appeal

Legal Issues

  1. 1 Whether procedural unfairness occurred in the dismissal of proceedings without reference to a proposed amended statement of claim
  2. 2 Whether alleged errors in the primary judgment were material to the decision
  3. 3 Whether leave to appeal should be granted on the basis of arguable error

Ratio Decidendi

There was no material error on the part of Bellew J in dismissing the applicant's proceedings. The applicant failed to demonstrate any arguable case that would justify the grant of leave to appeal. Claims advanced did not disclose a reasonable cause of action, and alleged procedural unfairness or factual errors were not substantiated or material to the outcome.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Dismiss the summons filed 3 October 2019 seeking leave to appeal from the judgment of Bellew J in the Common Law Division.
  • Dismiss the applicant's notice of motion filed 10 January 2020.