Hamoodah v South Western Sydney Local Health District [2021] NSWSC 162

Supreme Court New South Wales

Medium Neutral Citation: Hamoodah v South Western Sydney Local Health District [2021] NSWSC 162 Hearing dates: 26 February 2021 Date of orders: 3 March 2021 Decision date: 03 March 2021 Jurisdiction: Common Law Before: Harrison J Decision: (1) Extend up to and including 5 March 2021 the time for service of the plaintiff's liability evidence, including the reports of Dr Linklater dated 29 November 2020 and 10 February 2021. (2) Reserve the costs that have been, or may be, occasioned or thrown away by reason of the plaintiff's application. (3) Direct the parties to confer and provide me by no later than 12 March 2021 with a proposed timetable for further directions in accordance with the Practice Note for the preparation of the matter for hearing commencing on 10 July 2021. (4) Grant liberty to apply to me on 48 hours' notice by arrangement with my Associate. Catchwords: CIVIL PROCEDURE – where plaintiff seeks order extending time for service of her liability evidence – where complicated surgery causes serious adverse consequences for plaintiff – where defendants deny liability – where defendants claim what occurred to plaintiff was materialisation of inherent risk of medical procedure and plaintiff conversely argues the defendants failed to take account of her anatomical idiosyncrasies when approaching the surgery – whether it would be just and reasonable to permit plaintiff at a relatively late stage to rely on expert report where it allegedly does not reflect current pleadings as set out in amended statement of claim and may result in disadvantage to defendants – where considerations of the dictates of justice pursuant to s 58 of the Civil Procedure Act and the overriding purpose of a just, quick and cheap resolution of the real issues in the proceedings permit the plaintiff to rely on expert evidence at a late stage – where there remains over four months until the hearing where matters can be explored – defendants not required to bear costs connected with disruption caused by plaintiff's application Legislation Cited: Civil Procedure Act 2005 Category: Procedural rulings Parties: Teriza Hamoodah (Plaintiff) South Western Sydney Local Health District (First Defendant) Raymond Chin (Second Defendant) Representation: Counsel: D Graham SC with T Hackett (Plaintiff) E Elbourne (Defendants)