Hughes v South Western Sydney Local Health District [2020] NSWDC 557

District Court New South Wales

Medium Neutral Citation: Hughes v South Western Sydney Local Health District [2020] NSWDC 557 Hearing dates: 6 March, 1 May, 12 & 26 June 2020 Date of orders: 25 September 2020 Decision date: 25 September 2020 Jurisdiction: Civil Before: Judge Levy SC Decision: See paragraph [39] for orders. Catchwords: PRACTICE & PROCEDURE – work injury damages claim by nurse seriously assaulted by adolescent patient in a mental health facility – application pursuant to UCPR r 2.1 and r 23.8 by plaintiff for inspection of premises by expert witness to enable preparation of expert opinion on safety issues – application by plaintiff pursuant to s 318 of Workplace Injury Management and Workers Compensation Act 1998 to rely on expert evidence not served with pre-filing statement Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 – s 59 Court Suppression and Non-publication Orders Act 2010 (NSW), s 7 Uniform Civil Procedure Rules 2005, r 2.1, r 23.8, r 42.1 Work Health and Safety Act 2011 (NSW) Workers Compensation Act 1987 (NSW), s 151D Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 318 Category: Procedural and other rulings Parties: Kirsty Hughes (Plaintiff) South Western Sydney Local Health District (Defendant) Representation: Counsel: Mr M McAuley (Plaintiff) Mr D Stanton (1 May) (Defendant) Mr L Sandars (Solicitor) (6 March, 12 June) Mr E O'Neill (26 June)