Fan v South Eastern Sydney and Illawarra Area Health Service (No 2) [2010] NSWSC 343

New South Wales Supreme Court

CITATION : Fan v South Eastern Sydney and Illawarra Area Health Service (No 2) [2010] NSWSC 343

HEARING DATE(S) : 24 April 2010

JUDGMENT DATE : 29 April 2010

JUDGMENT OF : Harrison J

1. Order the defendant to pay the plaintiff's costs of the defendant's motion dated 12 December 2008. 2. Grant leave to the plaintiff to file an amended statement of claim in the form of the document attached to the plaintiff's solicitor's letter to GIO dated 3 November 2009. 3. Order that any costs thrown away or occasioned by the plaintiff's application to amend his statement of claim should be the defendant's costs in the cause. DECISION : 4. Direct the defendant to produce to the plaintiff on or before 14 May 2010 copies of the documents described in the following paragraphs of Lamrocks' letter to the GIO dated 24 November 2009 ("Lamrocks' letter"): 1(b) and (c); 2(b), (c) and (d); 3(a); 4(a) final sentence, (b) final sentence, (c), (d) and (e); 5(b) second clause of final sentence; 7(a) second sentence; 8(b), (c) and (d); 9(d)(iv), (m), and (o); 10(a) (as amended), (b), (c), (d) and (e); 12(b); 13(a) and (b) second sentence; 15(a). 5. Direct that the defendant provide the plaintiff on or before 14 May 2010 with the further information sought by the plaintiff in the following paragraphs of Lamrocks' letter: 1(a); 2(d); 4(a) and (c); 5(a); 6(a) and (b); 7(a), (b) and (c); 8(a), (b), (c) and (d); 9(d)(i), (ii) and (iii), (h) (k), (l), (m) and (p); 12(a); 14(a); 15(b). 6. Direct that the defendant indicate to the plaintiff on or before 14 May 2010 whether it concedes the matters referred to in the following paragraphs of Lamrocks' letter: 8(b), (c) and (d); 9(a), (b), (c), (e), (f), (i), (j) and (q). 7. Grant leave to the plaintiff and his tutor nunc pro tunc from 4 April 2008 to 25 September 2009 to commence and to carry on the proceedings without a solicitor.