NSW Caselaw
New South Wales Supreme Court
CITATION : Hardwick v McSwiney (No 3) [2010] NSWSC 3
HEARING DATE(S) : 25 November 2009, 7 December 2009
JUDGMENT DATE : 12 January 2010
JUDGMENT OF : Harrison J
DECISION : 1. Motion dismissed. 2. The costs of the plaintiff's application for an interim payment should be costs in the proceedings.
CATCHWORDS : PRACTICE AND PROCEDURE – Civil Procedure Act 2005 – application for interim payment – medical negligence – failure to follow up after surgery for excision of suspicious tongue lesion – competing expert medical evidence on the acceptability or otherwise of the treatment provided - whether a comparison of the plaintiff's claim and the defence permitted a conclusion (i.e. satisfaction) that if the proceedings went to trial the plaintiff would obtain judgment for substantial damages against the defendant – where not possible to be satisfied – order refused
Civil Liability Act 2002 LEGISLATION CITED : Civil Procedure Act 2005 Supreme Court Act 1970 Uniform Civil Procedure Rules
CATEGORY : Procedural and other rulings
CASES CITED : Frellsen v Crosswood Pty Ltd (1992) 15 MVR 343 Matouk v Hungry Jacks Pty Ltd [2009] NSWSC 1176
PARTIES : Suzanne Hardwick (Plaintiff) Patrick F McSwiney (Defendant)
FILE NUMBER(S) : SC 16608/2008
COUNSEL : J O Anderson (Plaintiff) L R Young (Defendant)
SOLICITORS : Catherine Henry Partners (Plaintiff) Avant Law Pty Ltd (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION PROFESSIONAL NEGLIGENCE LIST
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