Skues v The Sydney Children’s Hospital Network [2022] NSWSC 1128

Supreme Court New South Wales

Medium Neutral Citation: Skues v The Sydney Children's Hospital Network [2022] NSWSC 1128 Hearing dates: 18 August 2022 Date of orders: 18 August 2022 Decision date: 18 August 2022 Jurisdiction: Common Law Before: Chen J Decision: (1) Subject to order 2, grant leave to the plaintiff to file the proposed second further amended statement of claim, being annexure "A" to the affidavit of Courtenay Poulden sworn 9 August 2022, by 5pm on 19 August 2022. (2) Direct that, in relation to paragraph 135 of the proposed second further amended statement of claim, the plaintiff to particularise the material facts underlying the "material contribution" allegation. (3) Grant leave to the defendant to file any amended defence by 5pm on 26 August 2022. (4) The plaintiff to serve any further expert report from Dr Harbord arising from his assessments of the plaintiff and his brother on 25 May 2021 and 16 August 2022 respectively by 5pm on 29 August 2022. (5) Costs of the plaintiff's notice of motion dated 9 August 2022 are costs in the cause. (6) The plaintiff to pay the defendant's costs thrown away by reason of the amendment to the statement of claim. Catchwords: CIVIL PROCEDURE — originating process —application to further amend statement of claim — whether grant of leave in accordance with the dictates of justice — whether prejudice to the defendant — absence of explanation for delay in bringing the application Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd (2013) 247 CLR 613 Leotta v Public Transport Commission of NSW (1976) 50 ALJR 666 March v Stramare (E & MH) Pty Limited (1991) 171 CLR 506 Strong v Woolworths Ltd (2012) 246 CLR 182 Voitenko v Zurich Australian Insurance Ltd [2019] NSWCA 229 Texts Cited: Practice Note SC CL 7 Category: Principal judgment Parties: Kaelan Skues by his tutor Steven Skues (Plaintiff) The Sydney Children's Hospital Network (Defendant) Representation: Counsel: D Hooke SC with M Robinson (Plaintiff) R Cheney SC with R Perla (Defendant)