O'Reilly v Western Sussex NHS Trust (No.6) [2014] NSWSC 1824

Supreme Court New South Wales

Medium Neutral Citation: O'Reilly v Western Sussex NHS Trust (No.6) [2014] NSWSC 1824 Hearing dates: 7/10/2013 - 11/10/2013,14/10/2013 - 18/10/2013 (UK)4/11/2013 - 8/11/2013, 13/11/2013 - 15/11/2013, 31/01/2014, 14/02/2014, 07/05/2014 - 08/05/2014 Decision date: 19 December 2014 Jurisdiction: Civil Before: Garling J Decision: (1) Judgment for the plaintiff in a sum to be calculated for damages for the value of the dependency of the late Dr O'Reilly; (2) Judgment for the defendants on the claim by the plaintiff for damages for personal injury by way of psychiatric harm; (3) Direct the parties to bring in short minutes of order to reflect the amount of judgment in Order (1). Such short minutes to be filed and served by 13 February 2015; (4) If any party seeks to make an application for costs, then such application is to be made by notice of motion supported by affidavit evidence and is to be filed and served no later than 4pm 13 February 2015; (5) Any evidence in response to such application is to be filed and served no later than 4pm 27 February 2015; (6) Grant leave for such motion or motions to be made returnable before Garling J at 2pm on 13 March 2015; (7) Adjourn the proceedings generally for directions to 2pm on 13 March 2015; (8) Liberty to apply on 3 days' notice. Catchwords: PRIVATE INTERNATIONAL LAW - choice of law - torts - agreement as to applicable law - common law of England and Wales

TORTS - negligence - fatal accidents legislation - Fatal Accidents Act 1976 (UK) - compensation to relatives - medical negligence - essentials of cause of action - duty of care - standard of care - health care practitioners act in accordance with a responsible body of their peers practising in the United Kingdom in 2003