Mahony v Branley [2014] NSWSC 1521

Supreme Court New South Wales

Medium Neutral Citation: Mahony v Branley [2014] NSWSC 1521 Hearing dates: 29 October 2014 Decision date: 31 October 2014 Before: Harrison J Decision: (1)Upon the condition that the defendants agree that they will not rely upon any available limitation defence in the event that the plaintiff seeks to commence fresh proceedings, the proceedings are dismissed. (2)Subject to orders 3 and 4, order the plaintiff to pay the defendants' costs. (3)The defendants are not entitled to enforce order 2 except in the event that the plaintiff seeks to commence fresh proceedings. (4)In the event that the plaintiff seeks to commence fresh proceedings he must comply with order 2 hereof as a condition of so doing. Catchwords: PROCEDURE - pleadings - medical negligence - strike out - whether proceedings should be dismissed - orders conditional on agreement by defendants not to rely on limitation defence in future proceedings Cases Cited: Mahony v Branley [2013] NSWSC 1835 Category: Procedural and other rulings Parties: Denis Mahony (Plaintiff) Dr Michael Branley (First Defendant) Dr Ron Woodey (Second Defendant) Dr John Downie (Third Defendant) Herglen Pty Limited t/as Hunters Hill Private Hospital (Fourth Defendant) Northern Sydney Local Health District (Fifth Defendant) Representation: Counsel: L Young (First to Fifth Defendants) Solicitors: L Kearney (First, Second and Third Defendants) HWL Ebsworth (Fourth Defendant) Curwoods Legal Services (Fifth Defendant) File Number(s): 2012/223077 Publication restriction: Nil