Eldridge v Molodysky [2001] NSWSC 551

New South Wales Supreme Court

CITATION : Eldridge v Molodysky [2001] NSWSC 551 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20696/2000 HEARING DATE(S) : 18 June 2001 JUDGMENT DATE : 3 July 2001

Dinah Eldridge (Plaintiff) PARTIES : Eugene Molodysky (Defendant) JUDGMENT OF : Master Harrison

Mr M Bozic SC COUNSEL : (Plaintiff)

Mr Higgs SC Charlton Shearman (Plaintiff) SOLICITORS : Tress Cocks & Maddox (Defendant) CATCHWORDS : Extension of time - ss 60G & I - alleged medical negligence - delay - fair trial LEGISLATION CITED : Limitation Act 1969 (NSW) Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541; 129 ALR 1 CASES CITED : BHP Steel (AIS) Pty Limited v Giudice (& Ors) (NSWCA, unreported, 7 March 1997) Council of the City of Sydney v Zegarac (1997-98) 43 NSWLR 195 Holt v Wynter [2000] NSWCA 143; (1999-2000) 49 NSWLR 128 DECISION : (1) Leave to grant the plaintiff an extension of time in which to commence proceedings for alleged medical negligence from 1980 to 1996 is refused ; (2) The amended notice of motion is dismissed; (3) Costs are reserved.

11

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

MASTER HARRISON

TUESDAY, 3 JULY 2001

20696/2000 - DINAH ELDRIDGE v EUGENE MOLODYSKY

JUDGMENT (Extension of time - ss 60G & I - alleged medical negligence; delay; fair trial) 1 MASTER: By amended notice of motion filed 14 May 2001 the plaintiff seeks an order extending the time within which to commence proceedings pursuant to ss 60G and 60I of the Limitation Act 1969 (NSW) (the Act). The plaintiff relied on her affidavits sworn 19 December 2000 and 5 April 2000 and the affidavit of Tina Foukas sworn 7 May 2001. The defendant relied on his affidavit sworn 22 March 2001 and the affidavit of Karen Enid Mowbray sworn 21 March 2001. 2 These proceedings relate to the alleged failure from approximately 1980 to 1996 by the defendant Dr Molodysky to correctly treat and diagnose the disease from which the plaintiff suffered, in accordance with proper professional standards of skill and care. In 1982 the plaintiff alleged that she complained about persistent aching in her right arm and tingling sensations in the fingers of her right hand. In 1996 the plaintiff was diagnosed as having a neurofibroma in her neck. In 1996 and 1997 the plaintiff underwent two operations. As a result of the operations the plaintiff suffers from Horners syndrome and loss of function and pain in her right arm.