Clarke (Naicker) v Health Care Complaints Commission [2024] NSWSC 153

Supreme Court New South Wales

Medium Neutral Citation: Clarke (Naicker) v Health Care Complaints Commission [2024] NSWSC 153 Hearing dates: 31 January 2024 Date of orders: 27 February 2024 Decision date: 27 February 2024 Jurisdiction: Common Law Before: Wilson J Decision: Pursuant to r 13.4(1)(c) of the Uniform Civil Procedure Rule 2005, proceedings bearing the case number 2023/00168284 are dismissed with costs. Catchwords: JUDICIAL REVIEW – summons seeking judicial review against background of extensive litigation – vexatious litigant appealing NCAT decision – where similar matters have been heard by Court of Appeal and decision is reserved at date of hearing – question of whether issues raised substantially replicate issues before appellate court – whether appeal is an abuse of process Legislation Cited: Health Practitioner Regulation National Law Industrial Relations Act 1996 (NSW) Mental Health Act 2007 (NSW) National Law and the Health Care Complaints Act 1993 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Agar v Hyde (2000) 201 CLR 552 Clarke (previously Naicker) v Nerrick [2017] NSWDC 302 Clarke and Midwifery Council New South Wales (No 4) [2019] NSWDC 659 Clarke v Adams [2021] NSWSC 1665 Clarke v Dale; Clarke v Herrick (NSW District Court, 8 October 2020, unrep) Clarke v Fenn [2018] NSWDC 336; Clarke v Nursing and Midwifery Council of New South Wales (No 2) [2019] NSWDC 531 Clarke v Health Care Complaints Commission [2023] FedCFamC2G 916 Clarke v Herrick [2019] NSWDC 533 Clarke v Herrick [2020] NSWCA 71 Clarke v Herrick [2021] NSWCA 102 Clarke v Midwifery Council of New South Wales [2020] NSWCATOD 58 Clarke v New South Wales Nurses and Midwives Association (The Union) [2022] NSWSC 349 Clarke v Nursing and Midwifery Council [2017] NSWCATOD 163 Clarke v Nursing and Midwifery Council New South Wales [2019] FCA 1782 Clarke v Nursing and Midwifery Council of New South Wales & Ors (No 2) [2019] FCCA 3035 Clarke v Nursing and Midwifery Council of New South Wales & Ors (No 3) [2019] FCCA 3159 Clarke v Nursing and Midwifery Council of New South Wales & Ors (No 4) [2019] FCCA 3639 Clarke v Nursing and Midwifery Council of New South Wales & Ors [2019] FCCA 2127 Clarke v Nursing and Midwifery Council of New South Wales (No 3) [2019] NSWDC 532 Clarke v Nursing and Midwifery Council of New South Wales [2020] FCA 1617 Clarke v Nursing and Midwifery Council of New South Wales [2020] NSWDC 641 Clarke v Nursing and Midwifery Council of New South Wales [2021] NSWCATOD 32 Clarke v Nursing and Midwifery Council of New South Wales [2022] NSWSC 15 Clarke v South East Sydney Local Health District (No 2) [2018] NSWSC 357 Clarke v South East Sydney Local Health District (No 2) [2018] NSWSC 357 Clarke v South Eastern Sydney Local Health District & Ors [2019] FCCA 3769 Clarke v South Eastern Sydney Local Health District (No 3) [2019] NSWSC 1075 Clarke v South Eastern Sydney Local Health District [2017] NSWCATAD 81 Clarke v South Eastern Sydney Local Health District [2020] FCA 1616 Clarke v South Eastern Sydney Local Health District [2020] HCASL 135 Clarke v South Eastern Sydney Local Health District [2020] NSWCA 8 Dey v Victorian Railways Commissioners (1949) 78 CLR 62 Health Care Complaints Commission v Clarke [2022] NSWCATOD 146 Naicker v South Eastern Sydney Local Health District t/as Royal Hospital for Women [2016] FWC 5697 Sharmain Daisy Clarke v Health Care Complaints Commission (No 2) [2024] NSWCA 15 Sharmain Daisy Clarke v Health Care Complaints Commission (Recusal Application) [2024] NSWCA 16 Sharmain Daisy Clarke v South East Sydney Health District (No 2) [2018] NSWCA 226 Sharmain Naicker and NSW Health Service - Government of New South Wales for South Eastern Sydney Illawarra Area Health Service [2008] NSWIRComm 1104 Category: Principal judgment Parties: Sharmain Daisy Clarke (Applicant) Health Care Complaints Commission (First Respondent) New South Wales Civil and Administrative Tribunal Occupational Division (Second Respondent) Representation: Counsel: A Petrie / E Lambert (First Respondent)