Sharmain Daisy Clarke v South East Sydney Health District (No 2) [2018] NSWCA 226

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sharmain Daisy Clarke v South East Sydney Health District (No 2) [2018] NSWCA 226 Hearing dates: 8 October 2018 Date of orders: 12 October 2018 Decision date: 12 October 2018 Before: Leeming JA, Payne JA Decision: (1) Grant leave to the respondent to rely upon the affidavit of Violet Stojkova sworn 11 October 2018.

(2) Extend time to file the summons seeking leave to appeal to 5 August 2018.

(3) Grant leave to appeal, confined to ground 4 of the draft notice of appeal.

(4) Direct the Registrar to refer the appellant to the Pro Bono Panel for the provision of pro bono legal assistance, the grant being confined to the provision of a draft notice of appeal which may extend to other proposed grounds of appeal.

(5) Direct that any application to expand the grant of leave be made at the hearing of the appeal.

(6) The appellant's notice of motion dated 5 September 2018 is otherwise dismissed.

(7) The respondent to pay the appellant's costs of the leave application and the filing of notice of appeal.

(8) Exhibits returned. Catchwords: APPEAL – application for leave to appeal – appeal from interlocutory decision – whether extension of time should be granted – whether appeal involves issue of principle, question of public importance or injustice – where court book prepared by respondent on behalf of applicant contained omissions and illegibilities – limited grant of leave made Legislation Cited: Administrative Decisions (Judicial Review) Act 1977 (Cth), s 9 Anti-Discrimination Act 1977 (NSW) ss 93A, 93B, 93C, 108 Australian Human Rights Commission Act 1986 (Cth) Civil Liability Act 2002 (NSW), s 3 Disability Discrimination Act 1992 (Cth), Part 1A Government Sector Employment Act 2013 (NSW), s 69 Fair Work Act 2009 (Cth), s 789FD Health Practitioner Regulation National Law 2009 (NSW), Division 2 Health Services Act 1997 (NSW), s 17 Industrial Relations Act 1991 (NSW), Part 7 Industrial Relations Act 1996 (NSW), ss 139, 169, 408 Limitation Act 1969 (NSW), ss 14B, 56A Supreme Court Act 1970 (NSW), ss 69, 101 Work Health and Safety Act 2011 (NSW) Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW)