Lane v Northern NSW Local Health District (No 3) [2014] NSWCA 233

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lane v Northern NSW Local Health District (No 3) [2014] NSWCA 233 Hearing dates: 28 February 2014 Decision date: 22 July 2014 Before: Basten JA at [1]; Meagher JA at [1]; Simpson J at [61] Decision: (1) Appeal dismissed. (2) Order the appellants to pay the respondent's costs in this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: TORT - negligence - breach of duty - psychiatric injury caused by death of mother - mother hospitalised and unable to consent to medical treatment - appointed legal guardian (appellants' father) consented to palliative treatment - whether advice to guardian negligent - whether medical treatment to mother was negligent - whether consent to treatment by legal guardian valid

PRACTICE AND PROCEDURE - conduct of trial judge in relation to self-represented litigants - allegation of bias against self-represented litigants - whether trial judge improperly interfered and prevented examination of witnesses Legislation Cited: Civil Liability Act 2002 (NSW), s 5O District Court Act 1973 (NSW), s 127 Guardianship Act 1987 (NSW), ss 6, 35, 36, 37, 40; Pt 5 Guardianship Regulation 2005 (NSW), cll 3, 13 Supreme Court Act 1970 (NSW), s 75A Cases Cited: Annetts v Australian Stations Pty Ltd [2002] HCA 35; 211 CLR 317 Gifford v Strang Patrick Stevedoring Pty Ltd [2003] HCA 33; 214 CLR 269 Category: Principal judgment Parties: Deirdre May Lane (First Applicant) Elizabeth Helen Lane (Second Applicant) Northern NSW Local Health District (Respondent) Representation: Appellants self-represented Mr R Sergi (Respondent) Appellants self-represented Curwoods Legal Services Pty Ltd (Respondent) File Number(s): CA 2013/54612 Decision under appeal Jurisdiction: 9101 Date of Decision: 2013-02-15 00:00:00 Before: Williams DCJ File Number(s): DC 2010/99555; DC 2010/99556