Clarke v South Eastern Sydney Local Health District (No 3) [2019] NSWSC 1075

Supreme Court New South Wales

Medium Neutral Citation: Clarke v South Eastern Sydney Local Health District (No 3) [2019] NSWSC 1075 Hearing dates: 19 August 2019 Date of orders: 21 August 2019 Decision date: 21 August 2019 Jurisdiction: Common Law Before: Bellew J Decision: (1) The proceedings are dismissed.

(2) The defendant is to file any affidavit and written submissions in respect of costs by 5 pm on 29 August 2019.

(3) The plaintiff is to file any affidavit and any written submissions in response by 5 pm on 5 September 2019. Catchwords: PRACTICE AND PROCEDURE – Application for dismissal of proceedings on the basis that no cause of action was disclosed – Where proceedings were previously dismissed on that basis – Where plaintiff was granted leave to appeal on a discreet ground based upon the absence of relevant documents – Where appellate court otherwise found no fault in the decision of the primary judge – Appeal conceded and the matter remitted – Where documents which were not before the primary judge were tendered on the further hearing of the motion – Documents inspected – Conclusion reached that they had no material bearing upon the issues to be determined – No reason to depart from the previous determination with which the Court of Appeal found no fault – Proceedings dismissed Legislation Cited: Industrial Relations Act 1996 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Clarke v South East Sydney Local Health District [2018] NSWSC 66 Sharmain Daisy Clarke v South East Sydney Health District (No. 2) [2018] NSWCA 226 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Category: Procedural and other rulings Parties: Sharmain Daisy Clarke – Plaintiff South Eastern Sydney Local Health District – Defendant Representation: Counsel: Self – Plaintiff S M Kettle - Defendant