Naboulsi v Western Sydney Local Health District [2024] NSWSC 744

Supreme Court New South Wales

Medium Neutral Citation: Naboulsi v Western Sydney Local Health District [2024] NSWSC 744 Hearing dates: 7 June 2024 Date of orders: 20 June 2024 Decision date: 20 June 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: (1) Ms Naboulsi has leave, nunc pro tunc, to commence these proceedings (2) The Health District bear Ms Naboulsi's costs as agreed or assessed unless the parties approach to be heard within 14 days with short written submissions.

Catchwords: LIMITATION OF ACTIONS – whether discretion to extend limitation period to be exercised pursuant to ss 60F, 60J of the Limitation Act 1969 (NSW) – whether pleaded case is weak – whether failure to call evidence from former legal representatives relevant – whether there can be a fair trial – extension granted Legislation Cited: Civil Procedure Act 2005 (NSW), s 64 Limitation Act 1969 (NSW), ss 60F, 60G, 60I, 60J Cases Cited: Batistatos v Roads and Traffic Authority of New South Wales [2006] HCA 2 Boorman and Ors v Glaxo Wellcome Australia Pty Ltd [2017] NSWSC 576 Desjardins v Smith [2024] NSWSC 540 GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore (2023) ALJR 857; [2023] HCA 32 Moubarak by his tutor Coorey v Holt (2019) 100 NSWLR 218; [2019] NSWCA 102 Category: Principal judgment Parties: Rouba Naboulsi (Applicant) Western Sydney Local Health District (Respondent) Representation: Counsel: E Romaniuk (Applicant) S Kettle (Respondent)