Richmond v Moseley [2022] NSWSC 1582

Supreme Court New South Wales

Medium Neutral Citation: Richmond v Moseley [2022] NSWSC 1582 Hearing dates: 15 November 2022 Date of orders: 15 November 2022 Decision date: 15 November 2022 Jurisdiction: Common Law Before: Beech-Jones CJ at CL Decision: (1) The statement of claim filed on 10 December 2020 be struck out. (2) On or before 20 February 2023, the plaintiff is to serve on the defendant: (a) a proposed further amended statement of claim, (b) a proposed further amended statement of particulars; and (c) a report in accordance with Uniform Civil Procedure Rule 31.36(1)(c). (3) The matter will be listed for mention before Justice Beech-Jones on Tuesday 14 March 2023 at 9.30am. (4) Otherwise order that the plaintiff's notice of motion filed 24 October 2022 be dismissed. (5) Order that the plaintiff pay the defendant's costs of the Notice of Motion filed 24 October 2022. Catchwords: PRACTICE AND PROCEDURE – pleading – necessity to file evidence of causation between breach and damage – medical negligence case – no question of principle Legislation Cited: Civil Procedure Act 2005 (NSW), s 61 Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 14.28, 31.36 Cases Cited: Garzo v Liverpool/Campbelltown Christian School [2012] NSWCA 151 Category: Principal judgment Parties: Catherine Richmond (Plaintiff) Dr Susan Moseley (Defendant) Representation: Counsel: Mr PA Beale (Plaintiff) Mr CP O'Neill (Defendant)