Clarke v Herrick [2020] NSWCA 71

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Clarke v Herrick [2020] NSWCA 71 Hearing dates: 17 April 2020 Decision date: 21 April 2020 Before: Meagher JA; Leeming JA Decision: (1) Extend the time for Ms Clarke to file the summons seeking leave to appeal to 11 November 2019.

(2) Dismiss the summons seeking leave to appeal.

(3) Dismiss the notice of motion of 10 January 2020.

(4) Order the applicant pay the respondents' costs of that summons except for: the costs of Ms Clarke's notice of motion filed 10 January 2020; and the costs of oral argument on 17 April 2020. Catchwords: APPEAL – application for leave to appeal – appeal from summary dismissal of amended claim – where original claim alleging republications subject to defences of absolute privilege – where amended claim alleging only original publication time barred – whether summary dismissal on the basis of amended pleading involved error or was procedurally unfair – leave refused Legislation Cited: Defamation Act 2005, s 27 District Court Act 1973 (NSW), s 127(2)(a) Limitation Act 1969 (NSW), ss 14B, 56A Uniform Civil Procedure Rules 2005 (NSW), rr 7.36, 50.12 Cases Cited: Clarke v Fenn [2018] NSWDC 336 Clarke v Herrick [2019] NSWDC 533 Clarke v Nursing and Midwifery Council of New South Wales (No 3) [2019] NSWDC 532 Clarke v South East Sydney Local Health District [2018] NSWSC 66 Clarke v South East Sydney Local Health District (No 2) [2018] NSWCA 226 The Age Company Ltd v Liu (2013) 82 NSWLR 268; [2013] NSWCA 26 Category: Principal judgment Parties: Sharmain Daisy Clarke (Applicant)