SW v The Sydney Children’s Hospitals Network t/as Westmead Children’s Hospital [2022] NSWSC 293

Supreme Court New South Wales

Medium Neutral Citation: SW v The Sydney Children's Hospitals Network t/as Westmead Children's Hospital [2022] NSWSC 293 Hearing dates: 15 December 2021 Date of orders: 17 March 2022 Decision date: 17 March 2022 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders: (1) In accordance with paras (1)(a)-(e) of the further amended summons filed 10 December 2021, the proceedings are transferred from the District Court to the Supreme Court. (2) Costs of the further amended summons filed 10 December 2021 be costs in the cause. (3) These matters be listed together for a directions hearing at 9am before the Registrar, once the files are actually transferred from the District Court to this Court. Catchwords: CIVIL PROCEDURE — Jurisdiction — Transfer from District Court —Civil Procedure Act 2005 (NSW) s 140(1) — Whether there is 'sufficient cause?' — Application granted Legislation Cited: Children and Young Persons Care and Protection) Act 1998 (NSW) s 29 Civil Procedure Act 2005 (NSW) s 140(1) Cases Cited: Annetts v McCann (1990) 170 CLR 596 BOC v MDL [2019] NSWSC 278 Department of Family and Community Services v Hayward (a pseudonym) [2018] NSWCA 209 Hau Shan v Fairfield City Council [2020] NSWSC 681 Sullivan v Moody [2001] HCA 59; 207 CLR 562 Category: Procedural rulings Parties: SW (First Plaintiff) MS (Second Plaintiff) PS (Third Plaintiff) GS (Fourth Plaintiff) PW (Fifth Plaintiff) Sydney Children's Hospital Network t/as Westmead Children's Hospital (First Defendant) Dr Sachin Gupta (Second Defendant) Representation: Counsel: P. Menzies QC with K. Tang (First Plaintiff) T. Buterin (First Defendant)