NSW Caselaw
New South Wales Supreme Court
CITATION : Klewer v The Royal Alexandra Hospital for Children [2010] NSWSC 18
HEARING DATE(S) : 29 October 2009, 14 December 2009
JUDGMENT DATE : 3 February 2010
JURISDICTION : Common Law
JUDGMENT OF : Rothman J
(i) The plaintiff shall, by 26 February 2010, file and serve expert medical evidence that includes an opinion supporting a breach of duty of care against each person sued for professional negligence, and the causal relationship alleged between such breach of duty and the damage alleged;
(ii) The defendant's motion for dismissal of the proceedings for want of due despatch be stood over for directions before me at 9.30am on 15 March 2010; DECISION : (iii) The defendant's motion for dismissal of the proceedings otherwise be dismissed;
(iv) Costs of the motion be reserved, to be dealt with on 15 March 2010.
CATCHWORDS : PRACTICE AND PROCEDURE – personal injury from alleged medical negligence – failure to file expert's report with statement of claim – motion to strike out – previous consent orders issued for filing of liability evidence – not yet failure of due despatch
LEGISLATION CITED : Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005
CATEGORY : Procedural and other rulings
Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 CASES CITED : Salzke v Khoury [2009] NSWCA 195 Victoria v Sutton [1998] HCA 56; (1998) 195 CLR 291 Yango Pastoral Company Pty Ltd v First Chicago Australia Ltd [1978] HCA 42; (1978) 139 CLR 410
PARTIES : Robert Carl Klewer (Plaintiff) The Royal Alexander Hospital for Children (Defendant)
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