James Phillip Coffey by his tutor Kathleen Amanda Coffey v Murrumbidgee Local Health Network Formerly Known as Greater Murray Area Health Service; Kathleen Amanda Coffey v Murrumbidgee Local Health Network Formerly Known As Greater Murray Area Health Service [2015] NSWSC 1362

Supreme Court New South Wales

Medium Neutral Citation: James Phillip Coffey by his tutor Kathleen Amanda Coffey v Murrumbidgee Local Health Network Formerly Known as Greater Murray Area Health Service; Kathleen Amanda Coffey v Murrumbidgee Local Health Network Formerly Known As Greater Murray Area Health Service [2015] NSWSC 1362 Hearing dates: 7 September 2015 Date of orders: 07 September 2015 Decision date: 07 September 2015 Jurisdiction: Common Law Before: Wilson J - Duty Judge Decision: 1. The hearing date of 26 October 2015 is to be vacated. 2. The plaintiff is granted leave to interrogate the defendant as to the usual practice at the time at the Wagga Wagga Base Hospital and of Doctors Bunting and Follett as to consultation with a visiting medical officer or other senior doctor and as to the consideration that may have been given to transferring Mrs Coffey to a tertiary hospital. 3. Expert conclaves are to be deferred until further order of the Court. 4. The plaintiff is granted leave to amend his statement of claim. 5. The defendant is to serve any further evidentiary statements within 28 days. 6. The plaintiff is granted leave to serve further opinion evidence on liability relevant to the matters raised in the statements of Doctor Currie, Doctor Bunting and Doctor Follett. 7. The defendant is given leave to amend its defence as it sees fit to encompass its case in relation to transfer to a tertiary hospital. 8. These orders are to apply additionally in the matter with the file registration of 2011/011048. 9. I make an order for costs to be costs in the cause. 10. Liberty to the parties to restore the matter to the list within seven days should there be an issue with any of the orders. Catchwords: PROCEDURE – civil – application to vacate hearing date Legislation Cited: Limitation Act 1969 Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 Category: Procedural and other rulings Parties: James Phillip Coffey by his tutor Kathleen Amanda Coffey (Plaintiff) Murrumbidgee Local Health Network Formerly Known as Greater Murray Area Health Service (Defendant)