Clarke v Nursing and Midwifery Council of New South Wales (No. 3) [2019] NSWDC 532

District Court New South Wales

Medium Neutral Citation: Clarke v Nursing and Midwifery Council of New South Wales (No. 3) [2019] NSWDC 532 Hearing dates: 12 September 2019 Date of orders: 12 September 2019 Decision date: 12 September 2019 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Plaintiff's notices of motion filed on 9 September 2019 dismissed. (2) Plaintiff pay defendants' costs of today. Catchwords: PRACTICE AND PROCEDURE – plaintiff's application for the solicitors for the defendant to cease acting on its behalf in these proceedings – no issue of principle Cases Cited: Sangare v Northern Territory [2019] HCA 25 Category: Procedural and other rulings Parties: Plaintiff: Sharmain Daisy Clarke Defendant: Nursing and Midwifery Council of New South Wales Representation: Counsel: Plaintiff: In person Defendant: Mr D Sibtain

Solicitors: Plaintiff: In person Defendant: Hicksons Lawyers File Number(s): 2018/113261 Publication restriction: None

Judgment

The plaintiff's notices of motion 1. The plaintiff filed two notices of motion on 9 September 2019. The first sought the following orders: 1. The plaintiff is granted the [sic] order for a stay in the proceedings be upheld [sic] from the negligence claims on foot against the Hicksons solicitors prosecuting the proceedings. 2. An order for all costs to be in the cause. 1. Underneath order 2 the following words are handwritten: "The order for the Hicksons solicitors recused themselves from these proceedings." 1. This appears to be, in fact, what is sought. 2. The second notice of motion filed on the same day sought similar orders, but referring in addition to actions commenced in the Federal Circuit Court and to various provisions of the UCPR. 3. I will deal with both those motions as if they consisted of the same prayer for relief, namely an order that these proceedings be stayed on the basis that there is a challenge to the solicitors for the defendant (and in particular to Ms Violet Stojkova) continuing to appear as the representative for the defendant. 4. In support of her application Ms Clarke relies upon an affidavit she swore on 9 September 2019. This was tendered over the objection of Mr Sibtain, on the basis that it was not evidence at all. I have rejected that challenge on the basis that I will regard the contents as if these were submissions, by reason of challenges to the factual evidence set out therein.