NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Rose v Western Sydney Health District [2024] NSWSC 136 Hearing dates: In Chambers – on the papers Date of orders: 19 February 2024 Decision date: 19 February 2024 Jurisdiction: Common Law Before: Campbell J Decision: (1) The hearing fixed to commence on 8 April 2024 is vacated. (2) The costs of each party thrown away are that party's costs in the cause. Catchwords: CIVIL PROCEDURE – hearings – adjournment – relevant factors – where plaintiff died before commencement of hearing – new causation issues arising from the death – insufficient time to prepare expert reports – vacating hearing dates warranted Legislation Cited: Civil Liability Act 2002 (NSW), Pt 3 Law Reform (Miscellaneous Provisions) Act 1944 (NSW), s 2 Uniform Civil Procedure Rules 2005 (NSW), rr 6.30, 7.10(2) Category: Procedural rulings Parties: Linton Rodney Rose bhnf Jennifer Cheri Rose (Plaintiff) Jennifer Cheri Rose (Plaintiff) Western Sydney Local Health District (First Defendant) Metro North Hospital and Health Service (Second Defendant) Representation: Counsel: A Ramesh (Solicitor) (Plaintiffs) R McEwen (First Defendant) LP McFee (Second Defendant)
Solicitors: Gerard Malouf Partners (Plaintiffs) Norton Rose Fulbright (First Defendant) Barry Nilsson (Second Defendant) File Number(s): 2020/99103; 2020/99105
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