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

[2018] NSWCA 226

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Application for leave to appeal
3. › Interlocutory decision
4. › Whether appeal involves issue of principle, question of public importance or injustice
5. › Supreme Court Act 1970 (NSW), s 101(2)(e)
1. Practice and Procedure
2. › Procedural fairness
3. › Court book prepared by opposing party on behalf of self-represented litigant
4. › Omissions and illegibilities in documents provided to primary judge
5. › Whether denial of natural justice
1. Practice and Procedure
2. › Adjournment
3. › Self-represented litigant
4. › Whether failure to grant adjournment not sought constituted denial of procedural fairness
1. Practice and Procedure
2. › Striking out statement of claim
3. › Whether proposed amended pleading disclosed maintainable cause of action
4. › Jurisdiction of Supreme Court
5. › Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 14.28

Quick Take

Where a respondent's solicitors prepare a court book on behalf of a self-represented litigant and the book contains omissions or illegible copies, this may constitute a denial of procedural fairness warranting leave to appeal from an interlocutory decision.