O’Reilly v Western Sussex NHS Trust (No.7) [2015] NSWSC 233

Supreme Court New South Wales

Medium Neutral Citation: O'Reilly v Western Sussex NHS Trust (No.7) [2015] NSWSC 233 Hearing dates: 13 March 2015 Date of orders: 20 March 2015 Decision date: 20 March 2015 Before: Garling J Decision: (1)Judgment for the plaintiff in the sum of $177,900. (2)Defendants to pay the plaintiff's costs of the proceedings, except for the plaintiff's costs solely related to the claim by her for personal injury by way of nervous shock. (3)Plaintiff to pay the defendants' costs solely incurred by them in responding to the plaintiff's claim for damages for personal injury by way of nervous shock. (4)Order that the costs, once determined, be set off. Catchwords: COSTS – general rule that costs follow event – multiple issues – plaintiff successful on some issues – unsuccessful on personal injury claim – otherwise successful in proceedings – whether order for costs should reflect plaintiff's partial success – defendant to pay plaintiff's costs of proceedings except for costs related to personal injury claim – plaintiff to pay the defendant's costs incurred in responding to the personal injury claim Legislation Cited: Civil Procedure Act 2005 Fatal Accidents Act 1976 (UK) Uniform Civil Procedure Rules 2005 Cases Cited: Bostik Australia Pty Ltd v Liddiard (No.2) (2009) NSWCA 304 Cunneen v Independent Commission Against Corruption [2015] NSWCA 46 Hawkesbury District Health Service Limited & Anor v Patricia Chaker (No.2) [2011] NSWCA 30; Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service (No.2) [2011] NSWCA 171 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (No.2) [2014] NSWCA 425 O'Reilly v Western Sussex NHS Trust (No.6) [2014] NSWSC 1824 Sydney Ferries v Morton (No.2) [2010] NSWCA238; Texts Cited: Not Applicable Category: Costs Parties: Sue Ellen O'Reilly (P) Western Sussex NHS Trust (D1) Manoj Sen (D2) Mansour Poushin (D3) Representation: Counsel: Mr Bartley SC / Mr Toomey (P) Mr Wilson-Smith QC / Mr Cheney SC (D1, D2, D3)