Netherwood v Hillier [2023] NSWSC 937

Supreme Court New South Wales

Medium Neutral Citation: Netherwood v Hillier [2023] NSWSC 937 Hearing dates: 9 August 2023 Date of orders: 10 August 2023 Decision date: 10 August 2023 Jurisdiction: Common Law Before: Fagan J Decision: 1 The proceedings under the statement of claim are dismissed as against the third defendant. 2 The plaintiff is to pay the third defendant's costs of the proceedings. 3 Stand the proceedings over to 17 August 2023 before the Registrar. 4 The costs of the first and second defendants on the notice of motion brought by the third defendant including the hearing on 9 and 10 August 2023 will be the costs of those defendants in the cause. Catchwords: CIVIL PROCEDURE – professional negligence – where third defendant a fourth-year Orthopaedic Registrar – where third defendant and second defendant jointly performed spinal fusion procedure upon plaintiff – no expert opinion that procedure performed with less than the requisite standard of care and skill of a medical practitioner in his position – non-compliance with r 31.36 of the Uniform Civil Procedure Rules Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Category: Procedural rulings Parties: Travis Netherwood (plaintiff) Terence Hillier (first defendant) Kerin Fielding (second defendant) David Bell (third defendant) Representation: Counsel: J Hillier (plaintiff) Ms Carruthers (first defendant) K Kumar (second defendant) B Bradley (third defendant)