NSW Caselaw
New South Wales Supreme Court
CITATION : Fan v South Eastern Sydney and Illawarra Area Health Service [2010] NSWSC 123
HEARING DATE(S) : 19 February 2010
JUDGMENT DATE : 26 February 2010
JUDGMENT OF : Harrison J
DECISION : Defendant's notice of motion dismised.
CATCHWORDS : PRACTICE & PROCEDURE – UCPR 31.36 & 12.7 – where plaintiff alleged delay by defendant in performing urgent cholecystectomy leading to poor outcome - application to dismiss proceedings for want of compliance with requirement to file and serve an expert's report with the statement of claim – whether any report served satisfied the rule – where delay in the proceedings - whether failure by plaintiff to conduct the proceedings with due despatch – defendant's notice of motion dismissed.
LEGISLATION CITED : Uniform Civil Procedure Rules
CATEGORY : Procedural and other rulings
CASES CITED : Salzke v Khoury [2009] NSWCA 195
PARTIES : Wei Fan by his tutor Yue Wang (Plaintiff) South Eastern Sydney and Illawarra Area Health Service (Defendant)
FILE NUMBER(S) : SC 2008/289228
COUNSEL : N M H Kirby (Plaintiff) P J Rooney (Defendant)
SOLICITORS : Lamrocks (Plaintiff) General Insurance Law Department (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION PROFESSIONAL NEGLIGENCE LIST
HARRISON J
26 February 2010
2008/289228 Wei Fan by his tutor Yue Wang v South Eastern Sydney and Illawarra Area Health Service
JUDGMENT 1 HIS HONOUR: The defendant seeks an order that the proceedings be dismissed pursuant to UCPR 31.36(3) or alternatively UCPR 12.7. I shall deal with these in turn. 2 Rule 31.36 provides relevantly as follows: " 31.36 Service of experts' reports in professional negligence claims
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