McGarry v Southern NSW Local Health Network (No 2) [2013] NSWSC 1110

Supreme Court New South Wales

Medium Neutral Citation: McGarry v Southern NSW Local Health Network (No 2) [2013] NSWSC 1110 Hearing dates: 13 August 2013 Decision date: 13 August 2013 Before: Adamson J Decision: (1) I order the second defendant to answer interrogatories 1, 2, 3, 5 and 6 in MFI 2 within 28 days hereof. (2) I make no order as to the costs of the plaintiff's notice of motion filed 22 July 2013. Catchwords: PRACTICE AND PROCEDURE - application for interrogatories - special reason for interrogatories Legislation Cited: - Uniform Civil Procedure Rules 2005, r 21.1(4) Category: Interlocutory applications Parties: Jennifer Henriette Jacqueline McGarry (Plaintiff) Southern NSW Local Health Network (First Defendant) Matthew Nott (Second Defendant) Representation: Counsel: S Blount (Plaintiff) No appearance for the First Defendant MJ Fordham SC (Second Defendant) Solicitors: Commins Hendriks (Plaintiff) Curwoods Legal Services (Second Defendant) File Number(s): 2011/106378 Publication restriction: Nil

Judgment

Introduction 1The plaintiff commenced proceedings in the District Court on 31 March 2011 for damages arising from the alleged negligence of the Southern NSW Local Health Network (the first defendant) and Dr Matthew Nott (the second defendant) arising from a hip replacement operation which was performed on 31 August 2010. The proceedings were subsequently transferred to this Court. 2The plaintiff alleged that while the second defendant was performing the operation, an instrument known as a reamer broach, which he was using to enlarge the femoral cavity, snapped, with the result that it became imbedded in the plaintiff's right femur. In order to extract the reamer broach it was necessary for the plaintiff's thighbone to be split. The word "reamer" in this context is a tool used to enlarge a hole or cavity and "broach" is a pointed rod. 3It is sufficient for present purposes to know that a hip replacement operation requires the femoral cavity to be enlarged so that it can accommodate the artificial hip joint. A reamer broach is one of the tools used for this purpose. 4On 13 August 2013 I granted leave to the plaintiff to file a further amended statement of claim which joined Stryker Australia Pty Limited (Stryker), the manufacturer of the reamer broach.