Clarke v Nursing and Midwifery Council NSW

Clarke sought leave to appeal a decision of the Federal Circuit Court that summarily dismissed their claim against the Nursing and Midwifery Council NSW. Clarke’s appeal was against the decision of the Federal Circuit Court to dismiss their case for want of prosecution and on the basis that it was frivolous, vexatious and an abuse of process. The Federal Circuit Court had found Clarke’s pleadings to be incoherent and meaningless, and that Clarke had no reasonable prospects of successfully prosecuting the case. Clarke argued that the Federal Circuit Court’s decision was wrong and that they had reasonable prospects of successfully prosecuting their claim. The Federal Court found that Clarke’s grounds of appeal were incoherent and disordered and failed to properly articulate any legal issue. The Federal Court also found that Clarke’s affidavits filed in support of the application for leave to appeal were similarly incoherent and filled with conclusions and assertions rather than legal arguments. The Federal Court held that Clarke’s appeal had no reasonable prospects of success and dismissed the application for leave to appeal. The Federal Court also ordered Clarke to pay the costs of the third respondent.

The Court exercised its discretion to refuse leave to appeal as Clarke's grounds of appeal were incoherent and failed to properly articulate any legal issue. The Court found that Clarke's pleadings and affidavits were similarly incoherent and filled with conclusions and assertions rather than legal arguments. The Court held that Clarke's appeal had no reasonable prospects of success and dismissed the application for leave to appeal. The Court also ordered Clarke to pay the costs of the third respondent. The Court found that the Federal Circuit Court's decision to summarily dismiss Clarke's claim was correct and that Clarke had no reasonable prospects of successfully prosecuting their claim. The Court held that Clarke's appeal was frivolous and vexatious and an abuse of process.