Portia Gatti by her next friend Rebecca Gatti v Calvary Health Care Riverina Ltd; & Rebecca Gatti v Calvary Health Care Riverina Ltd [2013] NSWSC 1077

Supreme Court New South Wales

Medium Neutral Citation: Portia Gatti by her next friend Rebecca Gatti v Calvary Health Care Riverina Ltd; & Rebecca Gatti v Calvary Health Care Riverina Ltd [2013] NSWSC 1077 Hearing dates: 9 August 2013 Decision date: 09 August 2013 Jurisdiction: Common Law Before: Davies J Decision: 1. Plaintiffs' applications to have the proceedings transferred to the District Court refused and Amended Notices of Motion dismissed. 2. Costs to be the Defendants' costs in the cause. Catchwords: PROCEDURE - application to transfer proceedings to District Court - medical negligence claims - claims by child and mother - problems arising from perinatal period - medical evidence unchanged since proceedings commenced - length of hearing in country sittings of District Court - need for judicial case management - applications refused Legislation Cited: Civil Procedure Act 2005 Category: Interlocutory applications Parties: MATTER 2011/119169 Portia Gatti by her next friend Rebecca Gatti (Plaintiff) Calvary Health Care Riverina Ltd (First Defendant) Dr Natalie Snyman (Second Defendant)

MATTER 2011/119152 Rebecca Gatti (Plaintiff) Calvary Health Care Riverina Ltd (First Defendant) Dr Natalie Snyman (Second Defendant) Representation: Counsel: K Balendra (Plaintiffs) V Thomas (Defendants) Solicitors: Cater & Blumer (Plaintiffs) HWL Ebsworth Lawyers (First Defendant) Norton Rose Fulbright Australia (Second Defendant) File Number(s): 2011/119169 & 2011/119152