Sharmain Daisy Clarke v South East Sydney Health District (No 2)

This matter concerned an application for leave to appeal an interlocutory decision, brought by the respondent, South East Sydney Health District, against the appellant, Sharmain Daisy Clarke. The dispute arose in circumstances where the court book prepared by the respondent on behalf of the appellant contained alleged omissions and illegibilities. The appeal was heard by Leeming and Payne JJA.

The primary legal issues before the Court were whether an extension of time should be granted for the filing of the summons seeking leave to appeal, and whether the appeal involved an issue of principle, a question of public importance, or would otherwise result in injustice.

The Court granted the respondent leave to rely upon a specific affidavit and extended the time for the filing of the summons seeking leave to appeal. Crucially, leave to appeal was granted, but this grant was confined to ground 4 of the draft notice of appeal. The Court also directed the Registrar to refer the appellant to the Pro Bono Panel for assistance in drafting a notice of appeal, which could extend to other proposed grounds. Any application to expand the scope of the granted leave was to be made at the hearing of the appeal. The appellant's notice of motion dated 5 September 2018 was otherwise dismissed, and the respondent was ordered to pay the appellant's costs of the leave application and the filing of the notice of appeal.