South Eastern Sydney Local Health District v Clarke (No 2) [2021] NSWSC 964

Supreme Court New South Wales

Medium Neutral Citation: South Eastern Sydney Local Health District v Clarke (No 2) [2021] NSWSC 964 Hearing dates: 1 April 2021 Date of orders: 4 August 2021 Decision date: 04 August 2021 Jurisdiction: Common Law Before: Davies J Decision: 1. The defendant's notice of motion filed 5 February 2021 is dismissed. 2. The defendant is to pay the plaintiffs' costs of the notice of motion. Catchwords: CIVIL PROCEDURE – parties – vexatious litigants – application to file notice of motion – where motion seeks to challenge orders made in the proceedings under the Vexatious Proceedings Act – whether leave to file should be granted – where applicant had been refused leave to appeal to the Court of Appeal against vexatious proceedings orders – where requirements set out in Vexatious Proceedings Act not met – notice of motion dismissed PROCEDURE – request for referral to a barrister or solicitor on the Pro Bono Panel – Uniform Civil Procedure Rules (NSW) r 7.36 – where applicant has been declared a vexatious litigant – where referral would not be in interests of justice – application dismissed Legislation Cited: Vexatious Proceedings Act 2008 (NSW) ss 4, 5, 14, 15 Uniform Civil Procedure Rules 2005 (NSW) r 7.36 Cases Cited: Clarke v South Eastern Sydney Local Health District [2021] NSWCA 43 Clarke v South Eastern Sydney Local Health District [2021] NSWCA 84 M v Director General, Department of Family and Community Services [2013] NSWCA 118 Neale v Commonwealth Bank of Australia Ltd [2015] NSWCA 136 Phu v NSW Department of Education and Training [2011] NSWCA 119 South Eastern Sydney Local Health District v Clarke [2020] NSWSC 1155 South Eastern Sydney Local Health District v Clarke [2021] NSWSC 63 Texts Cited: Nil Category: Procedural rulings Parties: South Eastern Sydney Local Health District (First Plaintiff) Nursing and Midwifery Council New South Wales (Second Plaintiff) Sharmain Daisy Clarke (Defendant) Representation: Counsel: S M Kettle (Plaintiffs) In person (Defendant)