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

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Clarke v South Eastern Sydney Local Health District [2021] NSWCA 84 Hearing dates: 26 April 2021 Date of orders: 13 May 2021 Decision date: 13 May 2021 Before: Gleeson JA at [1]; Emmett AJA at [2] Decision: Order that: 1. The application for leave to appeal be refused. 2. The notice of motion filed 7 April 2021 be dismissed. 3. The Applicant pay the Respondents' costs of the application, including the motion. Catchwords: CIVIL PROCEDURE — parties — vexatious litigants — stay of proceedings — appeal from stay —whether primary judge made any legal or factual error Legislation Cited: Vexatious Proceedings Act 2008 (NSW), ss 6, 8 Health Practitioner Regulation National Law 2009 (NSW) Cases Cited: South Eastern Sydney Local Health District v Clarke [2020] NSWSC 1155 Teoh v Hunters Hill Council (No 8) [2014] NSWCA 125 Texts Cited: Nil Category: Principal judgment Parties: Sharmain Daisy Clark (Applicant) South Eastern Sydney Local Health District (First Respondent) Nursing and Midwifery Council of New South Wales (Second Respondent) Representation: Counsel: Applicant in person S M Kettle (First and Second Respondents)

Solicitors: Hicksons Lawyers (First and Second Respondents) File Number(s): 2021/44568 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Civil Citation: [2021] NSWSC 63 Date of Decision: 9 February 2021 Before: Schmidt AJ File Number(s): 2019/290194