Prestwidge v Coldwell [2024] NSWSC 1279

Supreme Court New South Wales

Medium Neutral Citation: Prestwidge v Coldwell [2024] NSWSC 1279 Hearing dates: 1 October 2024 Date of orders: 1 October 2024 Decision date: 15 October 2024 Jurisdiction: Common Law Before: Davies J Decision: 1. That the Defendant be released from the implied "Harman" undertaking in respect of the documents specified in paragraph 22 of the affidavit of Lauren Christina Biviano sworn 20 September 2024 so that it may respond to the plaintiff's complaints and the complaint of Holly Martin about the defendant to AHPRA, the HCCC and to any other regulatory body investigating the complaints.1. 2. Pursuant to sections 61(1), 61(2) and 62(1) of the Civil Procedure Act 2005 (NSW) directions be given that the plaintiff be required to give further evidence under cross-examination at the resumption of the hearing on 14 October 2024. 3. Pursuant to sections 61(1), 61(2) and 62(1) of the Civil Procedure Act 2005 (NSW) directions be given that Holly Joy Martin (DOB: 3 January 1991) be required to give further evidence under cross-examination at the resumption of the hearing on 14 October 2024. Catchwords: CIVIL PROCEDURE – cross-examination – leave to recall plaintiff for further cross-examination – medical negligence claim – plaintiff's evidence completed – where plaintiff made multiple complaints about defendant to regulatory bodies during an adjournment of the proceedings – where plaintiff's motivation in doing so in issue – where defendant sought to have plaintiff recalled for further cross-examination – fairness to plaintiff before adverse findings made CIVIL PROCEDURE – documents – where defendant sought to be released from Harman undertaking to answer plaintiff's complaints to regulatory bodies – where application not opposed Legislation Cited: Civil Procedure Act 2005 (NSW) ss 61, 62 Uniform Civil Procedure Rules 2005 (NSW) r 21.7 Cases Cited: Home Office v Harman [1983] 1 AC 280 Esso Australia Resources Ltd v Plowman (1995) 183 CLR 10; [1985] HCA 19 Texts Cited: Nil Category: Procedural rulings Parties: Jackson Prestwidge (Plaintiff) Jonathan Coldwell (Defendant) Representation: Counsel: E F Anderson (Plaintiff) M Hutchings (Defendant)