Clarke v Nursing and Midwifery Council New South Wales [2021] NSWCA 86

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Clarke v Nursing and Midwifery Council New South Wales [2021] NSWCA 86 Hearing dates: 26 April 2021 Date of orders: 13 May 2021 Decision date: 13 May 2021 Before: Gleeson JA at [1] Emmett AJA at [29] Decision: (1) Extend the time for filing the summons seeking leave to appeal to 14 December 2020. (2) The amended summons seeking leave to appeal filed 1 March 2021 be dismissed. (3) Applicant to pay the respondent's costs. Catchwords: APPEALS – application for leave – amount in issue less than threshold of $100,000 – where dismissal of defamation proceedings involving two matters complained of – where no issue of principle or question of general importance – whether applicant demonstrated an injustice which is more than merely arguable – where likely costs of any appeal disproportionate to the small amount in issue Legislation Cited: District Court Act 1973 (NSW), s 127(2)(c) Health Practitioner Regulation National Law 2009 (NSW), s 237 Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 51.12(3), 51.12(4), 51.18(1)(e) Vexatious Proceedings Act 2008 (NSW), s 8(7)(b) Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Lee v Lee (2019) 266 CLR 129; [2019] HCA 28 Robinson Helicopter Co Inc v McDermott [2016] HCA 22; (2016) 90 ALJR 679 Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597; [2017] NSWCA 206 South Eastern Sydney Local Health District v Clarke [2021] NSWSC 63 Category: Procedural rulings Parties: Sharmain Daisy Clarke (Applicant) Nursing and Midwifery Council New South Wales (Respondent) Representation: Counsel: Sharmain Daisy Clarke (Self-represented) (Applicant) B Tronson / D J McDonald-Norman (Respondent)