Brendan Hobson v Northern Sydney Local Health District [2014] NSWSC 375

Supreme Court New South Wales

Medium Neutral Citation: Brendan Hobson v Northern Sydney Local Health District [2014] NSWSC 375 Hearing dates: 18 March 2014 Decision date: 18 March 2014 Jurisdiction: Civil Before: Rothman J Decision: 1. Prayers 1 and 2 of the plaintiff's Motion, notice of which was filed on 06 April 2013, is adjourned to a date to be fixed. 2. The plaintiff has leave, to the extent leave is necessary, to serve on each defendant properly framed subpoenae seeking documents in or to the same effect as the discovery categories by 4pm 1 April 2014. 3. The defendants served with subpoenae will answer same by 4pm 22 April 2014. Provided that if any requested document has already been produced, a note to that effect, describing the document, will suffice for production. 4. The plaintiff shall serve each defendant with a typed version of the hospital notes by 4pm 1 April 2014. By 4pm 15 April 2014, each defendant shall serve each other party with a notice admitting or disputing the accuracy of the document and, if disputing, its version of the matter in dispute. 5. The matter be listed for directions before me at 9am 5 May 2014 at which time the parties will advise as to the timetable for an amended Statement of Claim, defences, the possibility of interrogatories, discovery or any other direction. 6. Liberty to apply to the parties on two working days' notice to the Court and each other party. Catchwords: TORTS - negligence Legislation Cited: Civil Procedure Act 2005 Bail Act 1978 Cases Cited: Ahmed El Hayek v Josslyn Vasic & Anor; QBE Insurance (Australia) Limited v Wesfarmers Federation Insurance Pty Ltd Pty Ltd [2010] NSWSC 1498 Boscolo v Secretary, Department of Social Security [1999] 90 FCR 531 Haywood v Collaroy Services Beach Club [2005] NSWSC 1203 R v Michael John Brown [2013] NSWCCA 178 Priest v State of NSW [2006] NSWSC 12 Category: Interlocutory applications Parties: Brendan Hobson (Plaintiff) Northern Sydney Local Health District (First Defendant) Dr R Gray (Second Defendant) Dr J Lagopoulos (Third Defendant) Dr C Sparks (Fourth Defendant) Dr A Cree (Fifth Defendant) Representation: Counsel: R. De Meyrick (Plaintiff) M. Scott (First Defendant) S.A Woods (Second Defendant) M Brown (Third Defendant) K. Burke (Fourth Defendant) R. Smith (Fifth Defendant) Solicitors: TD Kelly & Co (Plaintiff) Henry Davis York (First Defendant) Norton Rose Australia (Second Defendant) Meridian Lawyers (Third Defendant) Avant law Pty Ltd (Fourth Defendant) HWL Ebsworth Lawyers (Fifth Defendant) File Number(s): 2013/00080267