Schuler v Central Sydney Area Health Service [2009] NSWSC 523

New South Wales Supreme Court

CITATION : Schuler v Central Sydney Area Health Service [2009] NSWSC 523

HEARING DATE(S) : 24/04/09

JUDGMENT DATE : 1 June 2009

JUDGMENT OF : Patten AJ at 1

DECISION : See paragraph 44

LEGISLATION CITED : Civil Procedure Act 2005

CASES CITED : General Steel Industries Inc v Commissioner of Railways (1964 112 CLR 125 at 129

PARTIES : Karen Linda Schuler - Plaintiff/Applicant Central Sydney Area Health Service - Defendant/Respondent

FILE NUMBER(S) : SC 020507 of 1997

COUNSEL : Mr D Hirsch - Plaintiff/Applicant Mr D Davies SC with B Burke- Defendant/Respondent

SOLICITORS : Rishworth Dodd & Co - Plaintiff General Insurance Law Department - Defendant

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CIVIL LIST

Patten AJ

1 June 2009

No: 20507 of 1997

Karen Linda Schuler – Plaintiff v Central Sydney Area Health Service - Defendant

JUDGMENT 1 Before the Court is a motion by the Plaintiff whereby she seeks leave to amend her Statement of Claim, in effect by filing a Second Further Amended Statement of Claim, and leave to administer interrogatories. 2 The proceedings were commenced as long ago as 1997 and in substance assert that as a consequence of the Defendant's breach of duty the Plaintiff who, in the absence of such breach would have sought to abort her foetus, gave birth to a son, Alexander, with the very disabling syndrome, Trisomy 18, known as Edwards Syndrome. The Plaintiff seeks damages, which include the direct and indirect financial cost of having to care for a handicapped child. 3 It was admitted on the pleadings that at all material times the Defendant was responsible for the acts and omissions of the staff servants and agents of King George V Memorial Hospital in Camperdown NSW (the hospital).