Hawkesbury District Health Service Limited & Anor v Patricia Chaker [2010] NSWCA 320

New South Wales Court of Appeal

CITATION: Hawkesbury District Health Service Limited & Anor v Patricia Chaker [2010] NSWCA 320 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 04/08/2010, 05/08/10, 06/08/2010

JUDGMENT DATE: 25 November 2010

JUDGMENT OF: Allsop P at 1; Beazley JA at 3; Hoeben J at 4

(1) That the appeal be allowed. (2) That the judgment in favour of respondent against Dr Tompsett be set aside. (3) That the costs orders in favour of the respondent against Dr Tompsett be set aside. (4) That the matter be remitted to the Common Law Division of the Supreme Court for a hearing limited to liability. Should liability be found in favour of the respondent, damages are to be as assessed in the first trial with appropriate adjustments to take account of interest. DECISION: (5) That the respondent pay Dr Tompsett's costs of the appeal. (6) That the costs of the first trial (except for the hospital's costs) be determined by the trial judge in the new trial. (7) That leave be granted to the hospital to appeal against his Honour's order in respect of its costs. (8) That the hospital's appeal against his Honour's costs order be dismissed and that orders (3) and (4) of his Honour be confirmed. (9) That the hospital pay the respondent's costs of its application for leave to appeal and its appeal against his Honour's order in respect of its costs. [The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]