Clarke v Hicksons Lawyers [2021] NSWCA 100

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Clarke v Hicksons Lawyers [2021] NSWCA 100 Hearing dates: 17 May 2021 Date of orders: 21 May 2021 Decision date: 21 May 2021 Before: Macfarlan JA at [1] Gleeson JA at [2] Decision: Summons seeking leave to appeal be dismissed with costs. Catchwords: APPEALS – application for leave – applicant brought proceedings against respondent in District Court claiming damages for alleged misconduct in other proceedings – where respondent acted for parties in hostile civil litigation involving the applicant – proceedings summarily dismissed as disclosing no reasonable cause of action – where no issue of principle or question of general importance raised by appeal – where applicant not demonstrated an injustice which is more than merely arguable – leave refused Legislation Cited: District Court Act 1973 (NSW), s 127(2)(a) Uniform Civil Procedure Rules 2005 (NSW), rr 13.4(1)(b), 42.1 Vexatious Proceedings Act 2008 (NSW), s 8(7)(b) Workers Compensation Act 1987 (NSW), Div 4, Pt 3 Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Clarke v Nursing and Midwifery Council of New South Wales (No 3) [2019] NSWDC 532; (2019) 32 DCLR (NSW) 18 Clarke v South Eastern Sydney Local Health District [2021] NSWCA 84 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Hill v Van Erp (1997) 188 CLR 159; [1997] HCA 9 Macatangay v State of New South Wales (No 2) [2009] NSWCA 272 Re Minister for Immigration and Multicultural and Indigenous Affairs; ex parte Lam (2003) 214 CLR 1; [2003] HCA 6 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) Hicksons Lawyers (Respondent) Representation: Counsel: Sharmain Daisy Clarke (Self-represented) (Applicant) D A Lloyd SC / N Simone (Respondent)