NSW Caselaw
New South Wales Supreme Court
CITATION : Forster v Hunter New England Area Health Service [2010] NSWSC 74
HEARING DATE(S) : 15 February 2010
JUDGMENT DATE : 19 February 2010
JUDGMENT OF : R A Hulme J
DECISION : The plaintiff's motion is dismissed. Costs of the motion are costs in the cause.
CATCHWORDS : PROCEDURE - miscellaneous procedural matters - other matters - claim for interim payment under s 82 Civil Procedure Act 2005 - conflicting opinions in reports of experts as to whether breach of duty of care - inability of Court to resolve conflict on basis of reports - inability to be satisfied that the plaintiffs would obtain judgment
LEGISLATION CITED : Civil Liability Act 2002 Civil Procedure Act 2005
Hardwick v McSwiney (No 3) [2010] NSWSC 3 CASES CITED : Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; 52 NSWLR 705 Matouk v Hungry Jacks [2009] NSWSC 1176 Schott Kem Limited v Bentley [1991] 1QB 61
TEXTS CITED : Ritchie's Uniform Civil Procedure NSW, LexisNexis Butterworths 2005
Paul Forster (First plaintiff) PARTIES : Mandy Forster (Second plaintiff) Hunter New England Area Health Service (Defendant)
FILE NUMBER(S) : SC 20394/2009
COUNSEL : Mr J Anderson (Plaintiff) Mr M Fordham (Defendant)
SOLICITORS : TLlawyers Gild Insurance Litigation Pty Ltd
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
R A Hulme J
19 February 2010
20394/2009 Forster & anor v Hunter New England Area Health Service
JUDGMENT
1 HIS HONOUR: The plaintiffs are the father and step-mother of the late Matthew Paul Forster. They filed a statement of claim on 14 August 2009 in which they seek damages for medical negligence. It is pleaded that their son was taken to hospital by ambulance just after 9:00am on 11 August 2007 complaining of abdominal pain which had been present for a week but getting worse. After an initial examination and collection of blood samples it is claimed that the defendant either discharged the deceased or permitted him to discharge himself. He died the following morining as a result of peritonitis secondary to a perforated duodenal ulcer.
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