Vonhoff v Hillier [2023] NSWSC 1178

Supreme Court New South Wales

Medium Neutral Citation: Vonhoff v Hillier [2023] NSWSC 1178 Hearing dates: 15 August 2023 Date of orders: 29 September 2023 Decision date: 29 September 2023 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) Leave is granted to the plaintiff to rely upon his proposed further amended statement of claim (noting that the allegations of trespass and battery at [22] of the PFASC are no longer relied upon and are deleted). (2) The further amended statement of claim is to be filed and served within 14 days. (3) The plaintiffs are to pay the defendant's costs of his notice of motion filed 26 September 2022, including the costs thrown away by the amendments. Catchwords: Proposed further amended statement of claim – leave granted – doctor's reports – clinical notes – medico-legal reports – negligence – injustice – delay – prejudice – plaintiff to pay costs of amendments – withdrawal of claim in trespass, battery and exemplary and aggravated damages. Legislation Cited: Limitation Act 1969 (NSW) ss 50C, 50D and 62A Civil Procedure Act 2005 (NSW) ss 56, 58, 59, 60, 64 and 65 Uniform Civil Procedure Rules 2005 (NSW) r 2.1 Civil Liability Act 2002 (NSW) s 50 Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Texts Cited: Harold Luntz and Sirko Harder, Luntz Assessment of Damages for Personal Injury and Death (2021, 5th ed, LexisNexis) Category: Procedural rulings Parties: Peter Vonhoff (Plaintiff) Dr Terence Hillier (Defendant) Representation: Counsel: J. Hillier (Plaintiff) K Burke (Defendant)