NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Bishop-Kinlyside v Hunter New England Area Health Service [2023] NSWSC 1331 Hearing dates: 18 October 2023 Date of orders: 18 October 2023 Decision date: 18 October 2023 Jurisdiction: Common Law Before: Cavanagh J Decision: The plaintiffs' motion is dismissed. Catchwords: NEGLIGENCE – Medical negligence – separate question – limited damages issues after main hearing – additional costs in raising child – application of principles Legislation Cited: Civil Liability Act 2002 (NSW), s 71 Civil Procedure Act 2005 (NSW), ss 56, 58 Uniform Civil Procedure Rules 2005 (NSW), r 28.2 Cases Cited: Cattanach v Melchior (2003) 215 CLR 1; [2003] HCA 38 Combis v Lee [2020] NSWSC 960 Johnson v Trustees of the Roman Catholic Church [2009] NSWSC 309 Perre v Apand (1999) 198 CLR 180; [1999] HCA 36 Street & 7 Ors v Luna Park Sydney Pty Limited & 3 Ors [2007] NSWSC 697 Tepko Pty Ltd v Water Board (2001) 206 CLR 1; [2001] HCA 19 Category: Procedural rulings Parties: Angela Bishop-Kinlyside and Ricky Augustine Bishop-Kinlyside (Plaintiffs) Hunter New England Area Health Service (First Defendant) Central Adelaide Local Health Network (Second Defendant) Representation: Counsel: J Anderson (Plaintiffs) R Sergi (First Defendant) M Algie (Second Defendant)
Solicitors: The Law Office of Conrad Curry (Plaintiffs) HWL Ebsworth Lawyers (First Defendant) Gilchrist Connell (Second Defendant) File Number(s): 2021/241401 Publication restriction: None
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