Sharmain Daisy Clarke v Health Care Complaints Commission

The defendant, Sharmain Daisy Clarke, appealed against an order that dismissed her originating process as vexatious. Clarke, who was subject to an order under the Vexatious Proceedings Act prohibiting her from commencing proceedings against certain persons and in relation to certain subject matters, sought to file in the Court a summons and affidavit. The Health Care Complaints Commission, the plaintiff, opposed the application and the matter was referred to the Equity duty Judge. The issue for determination was whether the proposed proceedings were prohibited by the existing order under the Vexatious Proceedings Act.

The court found that the order under the Vexatious Proceedings Act was clear and unambiguous, prohibiting Clarke from commencing proceedings against the persons and in relation to the subject matters specified in the order. The proposed proceedings fell within the scope of the order, as they were against the Health Care Complaints Commission and related to the same subject matter as the previous proceedings. The court held that the proposed proceedings were prohibited by the existing order, and therefore dismissed the originating process as vexatious.

The court's reasoning was based on the clear language of the order under the Vexatious Proceedings Act, which prohibited Clarke from commencing proceedings against the Health Care Complaints Commission and in relation to the same subject matter as the previous proceedings. The court found that the proposed proceedings fell within the scope of the order and were therefore prohibited. The court also noted that the order was intended to protect the defendants from the vexatious conduct of Clarke, and that allowing the proposed proceedings would undermine the purpose of the order.

The final orders were that the originating process be dismissed as vexatious and that Clarke pay the costs of the application. The court held that the proposed proceedings were prohibited by the existing order under the Vexatious Proceedings Act, and that allowing the proceedings would be an abuse of the Court's process. The court emphasised the importance of respecting the orders of the Court and not circumventing them through the filing of vexatious proceedings.