NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Todd v South Eastern Sydney Local Health District ABN 70442041439 [2021] NSWSC 1288 Hearing dates: 4 October 2021 Date of orders: 4 October 2021 Decision date: 04 October 2021 Jurisdiction: Common Law Before: Rothman J Decision: (1) Direct the plaintiffs' solicitors and the CSO to speak about the aspect of the administration at the Hospital but otherwise for the arranging of a facility that might be willing to administer the regime and transport to that facility. (2) Application for urgent injunction, at this stage, dismissed. (3) Matter adjourned, subject to advice from legal practitioners, to 8:00am on Tuesday, 5 October 2021. Catchwords: Injunctions – mandatory interlocutory injunction – patient's family seeks administering of medical regime for hospital in treatment of sepsis – some doubt as to duty of hospital to administer family-required treatment – orders as sought denied – possibility of orders removing patient to another facility if sought Legislation Cited: Civil Liability Act 2002 (NSW), s 5O Category: Procedural rulings Parties: Anastasia Todd (First Plaintiff) Kathy Pahos (Second Plaintiff) South Eastern Sydney Local Health District ABN 70442041439 (Defendant) Representation: Counsel: P Beale / E Bartley (First Plaintiff) C Roberts (Defendant)
Solicitors: Ashley, Francina, Leonard & Associates (Plaintiffs) Crown Solicitor's Office (Defendant) File Number(s): 2021/00282558
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