Portia Gatti bhnf Rebecca Gatti v Calvary Health Care Riverina Limited [2015] NSWSC 101

Supreme Court New South Wales

Medium Neutral Citation: Portia Gatti bhnf Rebecca Gatti v Calvary Health Care Riverina Limited [2015] NSWSC 101 Hearing dates: 6 & 20 February 2015 Decision date: 24 February 2015 Jurisdiction: Common Law Before: Harrison J Decision: 1. Grant leave to the plaintiff to discontinue the proceedings against the first defendant. 2. Make no order as to the costs of the proceedings as between the plaintiff and the first defendant to the intent that each of them will pay or bear her or its own costs. 3. Direct that the balance of the proceedings be listed before me for directions on 6 March 2015. Catchwords: MEDICAL NEGLIGENCE – where infant plaintiff suffering from viral sepsis – where she alleges defendants failed to treat the condition appropriately or in a timely way – where plaintiff seeks leave to discontinue against first defendant – where second defendant does not consent unless conditional costs orders made – leave granted Legislation Cited: Uniform Civil Procedure Rules 2005 Category: Procedural and other rulings Parties: Rebecca Gatti (Plaintiff) Calvary Health Care Riverina Limited (First Defendant) Natalie Snyman (Second Defendant) Representation: Counsel: K Balendra (Plaintiff) M J Walsh (Second Defendant)

Solicitors: Cater & Blumer (Plaintiff) HWL Ebsworth Lawyers (First Defendant) Norton Rose Australia (Second Defendant) File Number(s): 2011/119152 Publication restriction: Nil