Clarke v South Eastern Sydney Local Health District

[2020] NSWCA 8

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Leave to appeal
3. › Summary dismissal of proceedings
4. › Whether alleged factual errors in primary judgment material
5. › Whether procedural unfairness in failing to refer to proposed amended statement of claim
1. Practice and Procedure
2. › Pleadings
3. › Leave to file amended statement of claim
4. › Whether proposed amended pleading raised different or reformulated cause of action
5. › Whether further proposed amended statement of claim cured deficiencies identified by earlier judge
1. Employment Law
2. › Workers compensation
3. › Statutory bar on common law claims
4. › Whether breach of contract claim maintainable outside workers compensation regime
5. › Workers Compensation Act 1987 (NSW), Pt 5, Div 3
6. › Workplace Injury Management and Workers Compensation Act 1998 (NSW)

Quick Take

This case has minimal precedential value, being a straightforward refusal of leave to appeal from a summary dismissal where no material error or issue of principle was identified.