Clarke v South Eastern Sydney Local Health District [2020] NSWCA 8

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Clarke v South Eastern Sydney Local Health District [2020] NSWCA 8 Hearing dates: 11 February 2020 Date of orders: 11 February 2020 Decision date: 11 February 2020 Before: Basten JA; Payne JA Decision: (1) Dismiss the summons filed 3 October 2019 seeking leave to appeal from the judgment of Bellew J in the Common Law Division.

(2) Dismiss the applicant's notice of motion filed 10 January 2020.

(3) Order that the applicant pay the costs of the respondents of the application. Catchwords: CIVIL PROCEDURE – leave to appeal – summary dismissal of proceedings in Division – proposed amended statement of claim not referred to by primary judge in reasons – primary claim dismissed as legally misconceived – whether alleged factual errors in primary judgment material – whether procedural unfairness Legislation Cited: Workers Compensation Act 1987 (NSW), Pt 5, Div 3 Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Clarke v South East Sydney Local Health District [2018] NSWSC 66 Sharmain Daisy Clarke v South East Sydney Health District [2018] NSWCA 226 Category: Principal judgment Parties: Sharmain Daisy Clarke (Applicant) South Eastern Sydney Local Health District (First Respondent) Julie Herrick (Second Respondent) Representation: Counsel: Applicant self-represented Mr S M Kettle (Respondents)

Solicitors: Applicant self-represented Hicksons Lawyers (Respondents) File Number(s): 2019/273230 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Division Citation: [2019] NSWSC 1075 Date of Decision: 21 August 2019 Before: Bellew J File Number(s): 2017/101668