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

Federal Court of Australia

Clarke v Nursing and Midwifery Council NSW [2020] FCA 1617 File number: NSD 1295 of 2019 NSD 34 of 2020

Judgment of: ABRAHAM J

Date of judgment: 6 November 2020

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal decision of the Federal Circuit Court summarily dismissing the matter on the basis that the applicant had no reasonable prospects of successfully prosecuting the proceedings and that the proceedings were otherwise frivolous, vexatious and an abuse of process of the Court – whether decision attended by sufficient doubt to grant leave – application dismissed

Legislation: Federal Circuit Court Rules 2001 (Cth) rr 13.10, 16.05

Cases cited: Australian Broadcasting Corporation v Chau Chak Wing [2019] FCAFC 125; (2019) 371 ALR 545 Bellamy's Australia Limited v Basil [2019] FCAFC 147 BPL20 v Minister for Home Affairs [2020] FCA 1207 Carr v Finance Corporation of Australia Ltd (No 1) [1981] HCA 20; (1981) 147 CLR 246 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 EBT17 v Minister for Home Affairs [2019] FCA 200 House v The King (1936) 55 CLR 499 Johnson Tiles Pty Ltd v Esso Australia Pty Ltd [2000] FCA 1572; (2000) 104 FCR 564 King v Lintrose Nominees Pty Ltd [2001] VSCA 140; (2001) 4 VR 619 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; (2015) 242 FCR 585 Nationwide News Pty Limited v Rush [2018] FCAFC 70 Samsung Electronics Co. Ltd v Apple Inc [2011] FCAFC 156; (2011) 217 FCR 238 Snowside Pty Ltd as trustee for the Snowside Trust, in the matter Boart Longyear Ltd [2019] FCA 2159