Harris v Western NSW Local Health District [2021] NSWSC 1395

Supreme Court New South Wales

Medium Neutral Citation: Harris v Western NSW Local Health District [2021] NSWSC 1395 Hearing dates: 07 October 2021 Date of orders: 08 October 2021 Decision date: 08 October 2021 Jurisdiction: Common Law Before: Garling J Decision: (1) Grant leave to the plaintiff to file an Amended Statement of Claim on or before 29 October 2021; (2) Direct that the defendant, the Local Health District, file and serve a defence to the Amended Statement of Claim on or before 4pm, 26 November 2021; (3) Fix the matter for directions before Garling J on 15 December 2021. (4) Liberty to apply Catchwords: CIVIL PROCEDURE – pleadings – notice of motion – application for defendant to have separate solicitors appear for separate parts of the one Statement of Claim - separate determination of the claim could give rise to inconsistent judgments and inconsistent findings – notice of motion refused Legislation Cited: Workers Compensation Act 1987 Civil Liability Act 2002 Civil Procedure Act 2005 Health Services Act 1997 Workplace Injury Management and Workers Compensation Act 1998 Insurance Act 1973 (Cth) NSW Self Insurance Corporation Act 2004. Cases Cited: QBE Insurance (Australia) Ltd v NSW Self Insurance Corporation [2013] NSWSC 1841 Texts Cited: Not Applicable Category: Procedural rulings Parties: Marley Harris (Plaintiff/Respondent) Western NSW Local Health District (Defendant/Applicant) Representation: Counsel: J Morris SC / P Williams (Plaintiff) F Doak (Defendant) S Kettle (Applicant)