Wilkins v Bambach & Ors [2002] NSWSC 91

New South Wales Supreme Court

CITATION : Wilkins v Bambach & Ors [2002] NSWSC 91 CURRENT JURISDICTION: Common Law Division FILE NUMBER(S) : SC 20242/01 HEARING DATE(S) : 7 February 2002 JUDGMENT DATE : 26 February 2002

Geoffrey Wilkins (plaintiff) Christopher Bambach (1st defendant) Robert Woods (2nd defendant) Northern Sydney Area Health Service (3rd defendant) David Robert Bell (4th defendant) PARTIES : Rodney James Thomas (5th defendant) Carol Lynn Macleod t/as West Pymble Medical Centre (6th defendant) Carol Elion (7th defendant) Joodie Holdings No2 Pty Ltd t/as St Ives Medical Centre (8th defendant) Geoffrey Au (9th defendant) Australasion Conference Association Ltd t/as Sydney Adventist Hospital (10th defendant) JUDGMENT OF : Newman AJ at 1

COUNSEL : M.B. Williams (plaintiff) G.B. Evans (1st, 2nd, 4th, 5th, 6th & 7th defendants) Charlton Shearman Medical Lawyers (plaintiff) Tress Cocks & Maddox (1st, 2nd, 4th, 5th, 6th & 7th defendants) SOLICITORS : Phillips Fox (3rd defendant) Colin Bigger & Paisley (8th defendant) Clayton Utz (9th defendant) Ebsworth and Ebsworth (10th defendant) CATCHWORDS : Supreme Court - discretion to dispense with trial by jury - what factors are relevant to the exercise of the discretion whether considerations of a universal character relevant to jury trial may be relied on - whether the factor relied on must be significant and specific. LEGISLATION CITED : Supreme Court Act 1970 s89 CASES CITED : Pambula District Hospital v Herriman (1988) 14 NSWLR 387 Combined Excavations & Supplies Pty Ltd v Bowis [2000] NSWCA 298 DECISION : Order: Trial will be determined by a judge alone and the jury requisitioned is dispensed with.