NSW Caselaw
New South Wales Supreme Court
CITATION : Nuha Ibrahim Dafaalla v Concord Repatriation General Hospital & 2 Ors [2007] NSWSC 602
HEARING DATE(S) : 25 May 2007
JUDGMENT DATE : 4 June 2007
JURISDICTION : Equity Division Duty List
JUDGMENT OF : Brereton J
DECISION : Referral certificate granted
CATCHWORDS : LEGAL PROFESSION – Pro-bono scheme – application for referral certificate – relevant considerations – need for Court to exercise discretion
LEGISLATION CITED : (NSW) Supreme Court Rules 1970 Pt 66A
Nuha Ibrahim Dafaalla (plaintiff) PARTIES : Concord Repatriation General Hospital (first defendant) Prince of Wales Hospital (second defendant) Sydney Private Hospital (third defendant)
FILE NUMBER(S) : SC 1462/07
COUNSEL : In person (plaintiff) (ex parte)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY LIST
BRERETON J
Monday, 4 June 2007
1462/07 Nuha Ibrahim Dafaalla v Concord Repatriation General Hospital & 2 Ors JUDGMENT 1 HIS HONOUR: The plaintiff Nuha Ibrahim Dafaalla has sued the first defendant Concord Hospital, the second defendant The Prince of Wales Hospital and the third defendant The Sydney Private Hospital claiming damages for personal injuries arising from what she alleges to be medical misconduct on the part of the defendants. Although her complaints include that she has been the subject of discrimination and other mistreatment, at their heart is the allegation that the hospitals failed to diagnose and treat the condition which has occasioned her bladder problems since September 2004.
2 What brought the proceedings before me as Duty Judge was an application by Ms Dafaalla for a referral to the pro-bono scheme for legal assistance. The foregoing description suffices to show that the proceedings have been inappropriately commenced in the Equity Division and ought to have been brought in the Common Law Division. Ms Dafaalla informs me that the defendants have been served, but they have never appeared. When the proceedings came before me on 25 May 2007, I ordered that they be transferred to the Common Law Division and adjourned to the Professional Negligence Registrar's List, and made directions for further notification of the defendants. I reserved for consideration in chambers the application for a referral certificate.
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