NSW Caselaw
New South Wales Supreme Court
CITATION : Simon and Anor v Hunter and New England Area Health Service [2009] NSWSC 758
HEARING DATE(S) : 30 July 2009
JUDGMENT DATE : 31 July 2009
JUDGMENT OF : Johnson J at 1
DECISION : 1. The Plaintiffs' Notice of Motion filed 30 March 2007 is dismissed. 2. The Plaintiffs to pay the Defendant's costs of the Notice of Motion on the ordinary basis, such costs not to be payable until the conclusion of the proceedings.
CATCHWORDS : PRACTICE AND PROCEDURE - civil proceedings - psychiatric patient released from hospital into care of friend for road journey from Taree to Victoria - patient kills friend during journey - claim by relatives of deceased for damages against Area Health Service - application by plaintiffs under s.85 Supreme Court Act for trial by jury - applicable legal principles - whether interests of justice require jury trial - application for jury trial refused
Supreme Court Act 1970 Mental Health Act 1990 LEGISLATION CITED : Civil Liability Act 2002 Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005
CATEGORY : Procedural and other rulings
Maroubra Rugby League Football Club Inc v Malo (2007) 69 NSWLR 496 Malo v South Sydney District Junior Rugby Football League Limited and Anor [2008] HCA Trans 135 (7 March 2008) CASES CITED : Pambula District Hospital v Herriman (1988) 14 NSWLR 387 Priest v State of New South Wales [2006] NSWSC 12 Sullivan v Moody (2001) 207 CLR 562 Chambers v North Coast Area Health Service (NSWSC, Cooper AJ, 15 November 2005, unreported)
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