Sripathi v Central Coast Local Health District [2024] NSWSC 243

Supreme Court New South Wales

Medium Neutral Citation: Sripathi v Central Coast Local Health District [2024] NSWSC 243 Hearing dates: 11 September 2023 Date of orders: 15 March 2024 Decision date: 15 March 2024 Jurisdiction: Common Law Before: Walton J Decision: The parties should bring in Short Minutes of Order reflecting this judgment by 4.00pm on Monday 18 March 2024. Catchwords: CIVIL PROCEDURE – duty list – medical negligence – application for a separate hearing on the issue of liability only – UCPR r 28.2 – quantum of damages difficult to assess for a substantial period of time – overlapping evidence in liability and damages - application granted. Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Limitation Act 1969 (NSW) Cases Cited: Bennett v Minister of Community Welfare (1992) 176 CLR 408; [1992] HCA 27 Idoport Pty Ltd v National Australia Bank Ltd [2000] NSWSC 1215 McLean by her tutor Nicole Shuttleworth v Marshall [2013] NSWSC 1400 Southwell v Bennett [2010] NSWSC 1372 Sukhova v Sydney Trains [2021] NSWSC 603 Binge-Grose by her Tutor Binge v State of New South Wales [2016] NSWSC 1228 Thomas v Oakley [2003] NSWSC 1033 Texts Cited: Nil Category: Principal judgment Parties: Jedediah Sripathi, by his next friend Rishita Sripathi (Plaintiff) Central Coast Local Health District (First Defendant) Mythily Ramanathan (Second Defendant) Representation: Counsel: C T Barry KC (Plaintiff) J Downing SC (First Defendant)