Smythe v Burgman [2015] NSWSC 150

Supreme Court New South Wales

Medium Neutral Citation: Smythe v Burgman [2015] NSWSC 150 Hearing dates: 3 March 2015 Date of orders: 03 March 2015 Decision date: 05 March 2015 Before: Hoeben CJ at CL Decision: (1) The plaintiff's motion to vacate the hearing date is refused. (2) The plaintiff is to pay the costs of the application before me on 3 March 2015. (3) I direct that the plaintiff is to file and serve an evidentiary statement restricted to the issue of liability by 1pm on Friday, 6 March 2015. Catchwords: PRACTICE AND PROCEDURE – application to vacate hearing date – complex medical negligence matter – application to vacate brought 2 ½ weeks before hearing date – change of solicitor with new solicitors wishing to re-instate a claim previously abandoned – ss 56-58 of Civil Procedure Act 2005 – application to vacate hearing date refused. Legislation Cited: Civil Liability Act 2002 – s5D(2) Civil Procedure Act 2005 – ss56 - 58 Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; 239 CLR 175 King v Western Sydney Local Health Network [2013] NSWCA 162 Strong v Woolworths Ltd [2012] HCA 5; 246 CLR 182 Category: Procedural and other rulings Parties: Lynne Smythe – Plaintiff Dr Zoe Burgman – Defendant Representation: Counsel: Mr I D Roberts SC – Plaintiff Mr M Windsor SC – Defendant

Solicitors: Monaco Solicitors – Plaintiff Holman Webb Lawyers – Defendant File Number(s): 2012/370062