NSW Caselaw
New South Wales Supreme Court
CITATION : King v SESAHS [2003] NSWSC 254 HEARING DATE(S) : 7 March 2003 JUDGMENT DATE : 4 April 2003
JURISDICTION: Common Law Division Professional Negligence List JUDGMENT OF : Studdert J DECISION : Order that the jury be dispensed with. Costs of the motion are reserved.
CATCHWORDS : Practice and procedure - claim for damages for professional negligence - application to dispense with trial by jury - complexity of issues. Courts Legislation Amendment (Civil Juries) Act, 2001 LEGISLATION CITED : District Courts Act, s 79A Supreme Court Act, 1970, ss 85-89 Albrighton v Royal Prince Alfred Hospital (1980) 2 NSWLR 542 CASES CITED : Combined Excavations & Supplies v Bowis [2000] NSWCA 298 Pambula District Hospital v Herriman (1988) 14 NSWLR 387 Monique Frances King by her tutor Michele King (Plaintiff) PARTIES : South Eastern Sydney Area Health Service (1st Defendant) Richard O'Gorman-Hughes as Executor of the Estate of the late Professor Darcy O'Gorman Hughes (2nd Defendant) FILE NUMBER(S) : SC 18475/93 P. Blacket SC/M. Walsh (Plaintiff) COUNSEL : S. Kalfus (1st Defendant) D. Davies SC (2nd Defendant) Turner Freeman (Plaintiff) SOLICITORS : Lynn Boyd (1st Defendant) Tress Cocks & Maddox (2nd Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION PROFESSIONAL NEGLIGENCE LIST
STUDDERT J
Friday 4 April 2003
18475/93 MONIQUE FRANCES KING by her tutor MICHELE KING v SOUTH EASTERN SYDNEY AREA HEALTH SERVICE & ANOR
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