Clarke v Nursing and Midwifery Council of New South Wales [2018] NSWDC 337

District Court New South Wales

Medium Neutral Citation: Clarke v Nursing and Midwifery Council of New South Wales [2018] NSWDC 337 Hearing dates: 8 November 2018 Date of orders: 15 November 2018 Decision date: 15 November 2018 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Leave granted to the plaintiff to amend the statement of claim conformably with the Amended Statement of Claim attached to the written submissions of the plaintiff's Counsel. (2) The plaintiff pay the costs thrown away by reason of the amendment, with liberty to apply in relation to the costs of the argument. (3) Liberty to bring in Short Minutes of Order containing a timetable for the further conduct of these proceedings. Catchwords: TORT – defamation – application pursuant to s 65 Civil Procedure Act 2005 (NSW) to amend statement of claim to replace the matter complained of with a different publication – whether the publication to substituted gave rise to a claim that was the same, or substantially the same, as the publication previously sued upon Legislation Cited: Civil Procedure Act 2005 (NSW), s 65 Defamation Act 2005 (NSW), ss 8 and 23 Health Practitioner Regulation National Law (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 7.36 Cases Cited: Clasul Pty Ltd v Commonwealth of Australia [2014] FCA 1133 Dornan v J .W. Ellis & Co Ltd [1962] 1 QB 583 Draney v Barry [2002] 1 Qd R 145 New South Wales v Radford (2010) 79 NSWLR 327 Nyoni v Pharmacy Board of Australia (No 6) [2018] FCA 526 Thomas v Queensland [2001] QCA 336 Category: Procedural and other rulings Parties: Plaintiff: Sharmain Daisy Clarke Defendant: Nursing and Midwifery Council of New South Wales Representation: Counsel: Plaintiff: Mr T Tobin QC / Mr B Kelleher Defendant: Mr D Sibtain