Dickson v Hunter New England Local Health District [2020] NSWSC 829

Supreme Court New South Wales

Medium Neutral Citation: Dickson v Hunter New England Local Health District [2020] NSWSC 829 Hearing dates: 16 June 2020 Date of orders: 16 June 2020 Decision date: 16 June 2020 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The plaintiff's Notice of Motion filed on 10 March 2020 seeking leave to file its Amended Statement of Claim is dismissed. (2) The plaintiff is to pay the defendants costs of the Notice of Motion seeking leave to file its amended statement of claim. (3) The plaintiff's Notice of Motion for expedition is dismissed for the reasons set out in my judgment. (4) The plaintiff is to pay the defendant's costs of the Notice of Motion seeking expedition. (5) The proceedings are to be case managed by Lonergan J commencing today. (6) The matter is listed for directions before Lonergan J at 9:00am on 13 August 2020. The parties should indicate to my Associate on the day prior any issues the parties may wish to ventilate and should come prepared to discuss the fixing of a hearing date should the matter have reached a sufficient state of preparation to that date. Catchwords: CIVIL PROCEDURE — hearings — expedition — application for expedition — health of plaintiff deteriorating — poor prognosis — matter not ready for hearing — multiple issues to be addressed before hearing — multiple prior directions hearings held — timetables for service of evidence not complied with — application refused CIVIL PROCEDURE — court administration — overriding purpose — just, quick and cheap resolution — case management — ongoing case management as alternative to expedition of proceedings COSTS — party/party — general rule that costs follow the event — proceedings discontinued or dismissed Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Cases Cited: Greetings Oxford Koala Hotel Pty Ltd v Oxford Square Investments Pty Ltd (1989) 18 NSWLR 33; [1989] NSWSC 1010 Category: Procedural and other rulings Parties: Robert Dickson (Plaintiff) Hunter New England Local Health District (Defendant) Representation: Counsel: M Daley (Plaintiff) S Kettle (Defendant)