Hollier v Sutcliffe (No 2) [2010] NSWSC 433

New South Wales Supreme Court

CITATION : Hollier v Sutcliffe (No 2) [2010] NSWSC 433

HEARING DATE(S) : 10 May 2010 JUDGMENT OF : R A Hulme J

EX TEMPORE JUDGMENT DATE : 10 May 2010

DECISION : Plaintiff is to pay the defendant's costs of the proceedings on an ordinary basis up to and including 25 February 2008 and thereafter on an indemnity basis

CATCHWORDS : PROCEDURE - costs - departing from the general rule - order for costs on an indemnity basis

LEGISLATION CITED : Uniform Civil Procedure Rules 2005 Civil Procedure Act 2005

CASES CITED : Hollier v Sutcliffe [2010] NSWSC 279 Melchior & Ors v Sydney Adventist Hospital Limited & Anor (No. 2) [2009] NSWSC 65

PARTIES : Samantha Hollier (Plaintiff) Dr Rachel Sutcliffe (Defendant)

FILE NUMBER(S) : SC 20002/08

COUNSEL : Ms E Magyar (Solicitor) for the plaintiff Mr G Gregg for the defendant

SOLICITORS : CMC Lawyers Sparke Helmore

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

R A Hulme J

10 May 2010

20002/08 Samantha Hollier v Dr Rachel Sutcliffe

JUDGMENT 1 HIS HONOUR: This is an application for a special order as to costs pursuant to r 42.15A of the Uniform Civil Procedure Rules 2005 (UCPR). 2 It is appropriate to briefly survey the history of the matter. The full history was set out in my primary judgment delivered on 23 April 2010. On 16 October 2006 the plaintiff attended upon the surgery of the defendant where, at her request, an Implanon contraceptive rod was implanted in her left upper arm. Subsequently she complained of pain which she attributed to the implantation procedure.